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HomeMy WebLinkAboutC-3150 - 24-inch Water Transmission Main Replacement in West Coast Highway1 NOTICE INVITING BIDS Sealed Bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Post Office Box 1768, Newport Beach, California 92658 -8915 until 2:00 p.m. on the 30th day of Jkly, ,1997, at which time no more will be accepted for: 1 24 -INCH WATER TRANSMISSION MAIN REPLACEMENT IN WEST COAST HIGHWAY AT NEWPORT BLVD. 1 1 1 1 1 1 1 1 1 i I 1 I Title of Project C -3150 Contract No. $120,000 Engineer's Estimate l� R Z� Approved by the Public Works Department this 17th day of Jam, 1997 Pubhc Works Director Prospective bidders may obtain one set of contract documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, Post Office Box 1768, Newport Beach, California 92658 -8915 For further information, call Michael J. Sinacori at (714) 644 -3342. Project Manager r CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 24 -INCH WATER TRANSMISSION MAIN REPLACEMENT IN WEST COAST HIGHWAY AT NEWPORT BOULEVARD CONTRACT NO. C -3150 IPROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92663 -8915 I PI -a r Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and shall perform all work required to complete Contract No. C -3110 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit for the work, complete in to wit: prices place, NOTE: All applicable sales taxes, State and /or Federal, and any other special taxes, patent rights or royalties shall be included in the prices quoted in this proposal. i SCHEDULE OF WORK ITEMS ITEM APPROXIMATE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 1. Lump Sum Mobilization, demobilization and cleanup for the lump sum price of Dollars] and Cents L.S. $ Lump Sum 1 I PI -a r t • it ITEM APPROXIMATE NO. QUANTITY • SCHEDULE OF WORK ITEMS UNIT TOTAL DESCRIPTION PRICE AMOUNT 2. 195 L.F.* Install City furnished 24 -inch CML &C steel pipe complete in place for the unit price of 4. Lump Sum Install connection to existing 24 -inch CML &C steel pipe complete in place for the lump sum price of Dollars and Cents L.S. $ SbLb Lump Sum *24 -inch CML &C steel pipe has been purchased by the City of Newport Beach. P1 -b Dollars and Cents $ Z� c�0 $ 3� Per Lineal Foot 3. 50 L.F. Furnish and install 12 -inch polyvinyl chloride (PVC) pipe, Class 200 including 12" Butterfly valve complete in place for unit price of ��� �h Dollars and Cents $ Z_GY� • oo $ I D LYY� Per Lineal Foot 4. Lump Sum Install connection to existing 24 -inch CML &C steel pipe complete in place for the lump sum price of Dollars and Cents L.S. $ SbLb Lump Sum *24 -inch CML &C steel pipe has been purchased by the City of Newport Beach. P1 -b 11 7. Lump Sum Provide traffic control for the project for the lump sum price of Dollars and / Cents L.S. $ �`c � - on Lump Sum PI -c SCHEDULE OF WORK ITEMS ITEM APPROXIMATE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT i 5. (2� ) Install connections to existing 12 -inch ' S . ACP in West Coast Highway complete in place for the urrit price of IA ` Dollars and Cents L.S. $° Lump Sum ' 6. Lump Sum Pressure test, disinfect and flush new 24 -inch water main and 12 -inch water main complete in place for the ' lump sum price of _— L /JLl2� i Dollars and Cents L.S. Lump Sum 11 7. Lump Sum Provide traffic control for the project for the lump sum price of Dollars and / Cents L.S. $ �`c � - on Lump Sum PI -c I I A I • • SCHEDULE OF WORK ITEMS ITEM APPROXIMATE NO. QUANTITY DESCRIPTION UNIT TOTAL PRICE AMOUNT 8. Lump Sum Excavation safety measures including adequate sheeting, shoring and bracing or equivalent methods for the protection of the life and limb which shall comply with applicable safety orders for the lump sum price of a Dollars and ' Cents L.S. Lump Sum I I 11 11 I 9. Lump Sum Remove and replace existing curb,- gutter and sidewalk complete in place for the lump sum price of Sllrt� Dollars and Cents L.S. Lump Sum 10. Lump Sum- Protect in place or replace in kind existing landscaping complete in place for the lump sum price of Dollars and Cents L.S. Lump Sum Pl -d iii � I I declare under penalty of perjury that all representation made above are true and correct.* *Effective January 1, 1990, Business and Professional Code Section 702.8.15 provides that any bid not containing the above requested information, or a bid containing information which is subsequently proven false, shall I ­ -='---' non - responsive and shall be rejected. • Bidder's Name Ti�IiII TY(lE%IA / � c- L�Ve7)C�7U� Bidder's Address 464 sqkkr* kAJ4 4V6 FOnl:2::4AJ4 `2337 Bidder's Telephone Contractor's License —7 �/9 7 ate P1 -e VO4)tK- - r&A4Tw6r1-A N SCHEDULE OF WORK ITEMS ITEM APPROXIMATE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 11. Lump Sum Abandon in place or remove if interfering, the existing 24 -inch water main and fill with one sack cement s ' slurry complete in place for the lump sum price of / ,�tjereG� Dollars and Lump Sum Cents L.S. $� ' TOTAL PRICE IN WRITTEN WORDS (Bid Items 1 -11) Dollars ' and Cents Total Price $ �-D , I I declare under penalty of perjury that all representation made above are true and correct.* *Effective January 1, 1990, Business and Professional Code Section 702.8.15 provides that any bid not containing the above requested information, or a bid containing information which is subsequently proven false, shall I ­ -='---' non - responsive and shall be rejected. • Bidder's Name Ti�IiII TY(lE%IA / � c- L�Ve7)C�7U� Bidder's Address 464 sqkkr* kAJ4 4V6 FOnl:2::4AJ4 `2337 Bidder's Telephone Contractor's License —7 �/9 7 ate P1 -e VO4)tK- - r&A4Tw6r1-A N 0 INSTRUCTIONS TO BIDDERS • Page 2 The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: PROPOSAL (Page 1) INSTRUCTIONS TO BIDDERS (Page 2) DESIGNATION OF SUBCONTRACTORS (Page 3) BIDDER'S BOND (Page 4) NON - COLLUSION AFFIDAVIT (Page 5) TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6) except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. . The estimated quantities indicated in the PROPOSAL are approximate and are given solely to allow the comparison of total bid prices. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). ' The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." ' 5/97 I i I 1 I I 1 1 • • Page 2A All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 01511 CI Contractor's License No. & C Classification Bidder 71 ?7b /97 Date i 1 t 1 1 i i 1 1 1 5/97 Auth riz eEr Si-gn a it e I Page 3 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, ' the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with state law and /or the Standard Specifications for Public Works Construction, as applicable. ' Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to endure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with state law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work Subcontractor Address 1. 2. 3. 4. ' S. 6. 7. 8. ' 9. 10. 11. 12. ]A T- Vle) A) C&4-r' Bidde 5197 'IR5 NATI" L SURETY FIRST NATIONAL IN SU RANCECO. OF AMERICA 4333 Brooklyn Avenue N.E. Seattle, WA 98105 BID BOND KNOW ALL BY THESE PRESENTS, That we, TRAUTWEIN CONSTRUCTION of FONTANA, CA (hereinafter called the Principal), as Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the laws of the State of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF NEWPORT BEACH (hereinafter called the Obligee) in the penal sum of TEN PERCENT OF THE AMOUNT BID Dollars ($ 10% ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That Whereas, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for 24 INCH WATER TRANSMISSION MAIN REPLACEMENT IN WEST COAST HWY AT NEWPORT BLVD. NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 25th day of JULY 19 97 TRAUTWEIN CONSTRUCTION (Seal) Principal Witness xx Title FIRST NATIONAL INSURANCE COMPANY OF AMERICA By MICHAEL b. T C Attor -Fact 5- 32081EP 7/94 STATE OF COUNTY OF CALIFORNIA RIVERSIDE I SS. On h 4zi , before me, ROSEMARY STANDLEY PERSONALLY APPEARED MICHAEL D. STONG personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowl- edged to me that he /she /they executed the same in his/ her /their authorized capacity(ies), and that by his /her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature OPTIONAL o.c.o�.ru ROSEMARYSTANDLEY COMM. #1090462 n 6 . .NOTARY PUBLIC CALIFORNIA m ( RIVERSIDE COUNTY h MyMy Comm This area far Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE rD -081 Rev. 6/94 ALL- PURPOSE ACKNOWLEDGEMENT — POWER OF ATTORNEY 4333 Brooklyn Avenue N.E. Seattle, W A 98105 KNOW ALL BY THESE PRESENTS: 0 FIRST NATIONAL INSURANCE COMPANY OF AMERICA 4333 BROOKLYN AVE NE SEATTLE. WASHINGTON 98105 No. M- That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint MMMYYYmIIeexmmm xukkm Mee -Km K"NMICHAEL D. STONG; Riverside, California ••x ......................a its true and lawful attorneys) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this CERTIFICATE day of Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: 19 96 "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President. any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in - fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business . On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided. however, That the seal shall not be necessary to the validity of any Such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970 "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V. Section 13 of the By -Laws, and (ii) A copy of the power -of - attorney appointment. executed pursuant thereto, and (Iii) Certifying that said power -of- attorney appointment is in full force and effect, The signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, R. A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws. the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation J This day of S- 1049/EP 11/95 P • � i Fage4 We, the tmdusigned Pr"al and Surety, 9= mccessors and assigns, execuiom heres and adunnistratom agree to be jointly and severally held and firmly bound to the City of K� PortBeadb zcjwz6erdt}, in *i - p6neipW sum of TEN PERCENT OF THE AMT. BID dollars ($ 10% OF BID j, to be paid and forfeited to the city of Newport aeact if the hid nrnnncal "inf tl a'lsm��rsed Prineivat for the comae ction of the 24-INCH WATER City of lire of Nm —port Beads and tiro proposed contract is awarded to the Prinapal, and tine f'rincipa] LOS to duly enter into and execute the Contmet Domments for the Cronstrvctton Of the lit t w form mquised within tcn (10) Jaya (not indudis g Sabm%Ld y, Sunday, and fed hnNdays) after the date of the m dit of Notice of Award; odumwim this obligation arid] become reaIl and void. ]f the andersigned P=wVal execalvig this Bond is executing this Bond as an individual. it is agreed that the death of any mxh Yrin<ipal shall net exonerate +lire surety from its obKgatiom em fe this Band. W-AnM our hanris 30TH day of JULY 2997 TRAUTWEIN CONSTRUCTION Pant Nai�itle �i�•C -�— s,97 FIRST NAATTIONAL INSURANCE COMPANY OF AMERICA Signatare�• MICHAEL D. STONG, ATTORNEY -IN -FACT Priut Name & Title (Notary acbamw+ledgment of Pctacipa] & Surety must be attached) TOTAL P.O1 4 STATE OF _ COUNTY OF CALIFORNIA RIVERSIDE I SS. On iC� before me, ROSEMARY STANDLEY PERSONALLY APPEARED MICHAEL D. STONG personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowl- edged to me that he /she /they executed the same in his/ her /their authorized capacity(ies), and that by his /her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature OPTIONAL --. <, ROSEMARY S7ANOLEY N � #5090462 ¢ 'mss ' NOTARY COMM. M. # 1 � CALIFORNIA Co ` RIVERSIDE COUNTY icy My Comm. E*r" Juw t. 200 This areafor Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TIT�E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY II ES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE I°'ae' Re". 6/94 ALL- PURPOSE ACKNOWLEDGEMENT .41 • , 0 0 Y e , e POWER OF FIRST NATIONAL INSURANCE COMPANY OF AMERICA ATTORNEY 4333 BROOKLYN AVE NE SEATTLE. WASHINGTON 99105 4333 Brooklyn Avenue N.E. Seattle, W A 98105 No. 6966 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint NYYYYY. 0Y9Y0Y9 YYNY.YYYYNYYYYY MICHAEL D. STDNG; Riverside, California•YY.NY NYYNMMXYXYYNYMYYYYXY its true and lawful attorneys) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF. FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested These presents this 7th day of February , 19 95 CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary. and any Assistant Vice President appointed for that purpose by the officer in charge of surety Operations, shall each have authority to appoint individuals as attorneys -in -tact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking:" Extract from a Resolution Of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting OUT. (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of - allorney appointment. executed pursuant thereto. and (iii) Certifying that said power -of- attorney appointment is in full force and effect. the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R. A. Pierson. Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto. are true and correct, and that both the By -Laws. the Resolution and the Power of Attorney are stilt in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation 1t t�� this ' 1 day of J 19 5- 1049/EP 11195 CALIFORNIA ALL -PURPA ACKNOWLEDGMENT State of (41J6& A4 County of !J / On � 0 17 before me, ^� 91j LigMIJ�I/ Date Na a and TIOe of Office,-(e.g I -Jade Doe. ! otary Publlo personally appeared a� T�U Z"jV6eds) / I — Narno(s) of Signegsl -. personally known to me – OR – . proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), . .aaaeeneaoeeeeeoean.ne....os..� or the entity upon behalf of which the person(s) acted, Z BRIAN ESHLEMAN y executed the instrument. ti COMM.11052830 S `^ NOTARY M LIGCALIFORNIA F' ; ` SAN BERNARDINO COUNTY r WITNESS my hand and official seal. O My Comm. EXP. Mar. 5, 1999 OOOOOOOOOOOOOO .00...OY00000.0000 �/�� I Signolary " Pub \_ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual Corporate Officer Title(s): - Partner — : Limited 7 General Attorney -In -Fact Trustee Guardian or Conservator Other; I Top of thumb here Signer Is Representing: Number of Pages: Signer's Name: Individual Corporate Officer Title(s): Partner — _. Limited General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: I 0 1995 National Notary Association • 8236 Remmet Ave. PO. Box 7184 • Canoga Park, CA 913097184^ Prod. No 5907 Redder: Call Toll Free 1 8CO -B]6 -682] I i 11 I n Li LJ 1 I L Page 4 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of dollars ($ ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of the 24 -INCH WATER BOULEVARD, CONTRACT NO. C -3150 project in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents for the construction of the project in the form required within ten (10) days (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of Award; otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this day of 19_. Principal Authorized Signature Print Name & Title 1 1117 Surety Authorized Signature Print Name & Title Signature of Attorney in -fact (Notary acknowledgment of Principal & Surety must be attached) Page 5 NON - COLLUSION AFFIDAVIT State of California ) ss. County ofrnl ' r-�1/J being first duly sworn, deposes and says that he or she is of - T-QAUT w4r J C46 f the party making the foregoing bid; that the bid is n t made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a ' collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Bidder Authorized Signatuia,7itle Subscribed and sworn to before me this ' day of 19°1%. 1 & - - Notar ublic My Commission Expires: 3 S/I L J ' 5117 [SEAL] •!tl!#R!ltlbb#tltlRR###bbbltbbbbbb6 Z BRIAN ESHLEMAN 7 COMM. #1052830 s , Q NOTARY PUBLIC CALIFORNIA SAN BERNARDINO COUNTY P tl My Comm. Exp. Mar. 5. 1999 RR #RRRRIRRtlR4Rl ORRR4lltlR9lRtllRR• 0 0 Page 6 ' TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that ' proposed herein which he /she has performed and successfully completed. Year For Whom Person Telephone Completed Performed (Detail) To Contact Number I I I 1 1 1 9h )ZU1C,11>60i UAW h69-✓• 17TSVE 4PML cP7- •75W qb G rJ of �onl rq'�9 —��� � (xx�J�L� qo� - 3� •�(o�D �ilc�.11�pD Sn�i�l 9�I-7O5s'4 ►I 7�AU�(lt✓�� CDI.�ST Bidd r 5197 W&,� f-11, a A Authorized Signa r /Title 0 E NOTICE TO SUCCESSFUL BIDDER Page 7 The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and federal holidays) after the date of mailing Notice of Award to the successful bidder: LABOR AND MATERIALS PAYMENT BOND (Page 8) FAITHFUL PERFORMANCE BOND (Page 9) CERTIFICATE OF INSURANCE (Page 10) GENERAL LIABILITY INSURANCE ENDORSEMENT (Page 11) AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT (Page 12) CONTRACT (Page 13) The City of Newport Beach will not permit a substitute format for these Contract ' Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. ' The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract ' Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) ' assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. I I ' 5/97 1 • • I P Page 8 BOND NO. LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted has awarded to hereinafter designated as the "Principal," a contract for the 24 -INCH WATER TRANSMISSION MAIN REPLACEMENT IN WEST COAST HIGHWAY AT NEWPORT BOULEVARD, CONTRACT NO. C -3150 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. ' WHEREAS, Principal has executed or is about to execute Contract No. C -3150 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, ' for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: ' NOW, THEREFORE, we the undersigned Principal, and, duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of Dollars ($ ), lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the ' Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. ' The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of ' action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. ' And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. '1197 Ll 9 In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the day of , 19_ Name of Contractor (Principal) Name of Surety Address of Surety Authorized Signature Print Name & Title Authorized Agent Signature Print Name & Title Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 5/97 0 9 Page 9 BOND NO. ' FAITHFUL PERFORMANCE BOND ' WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted has awarded to hereinafter designated as the "Principal ", a contract for 24 -INCH WATER TRANSMISSION MAIN REPLACEMENT IN WEST COAST HIGHWAY AT NEWPORT BOULEVARD, CONTRACT NO. C -3150 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works ' Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. C -3150 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and ' duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Dollars ($ ), lawful money of the United States of America, said sum being equal to ' 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these ' present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the ' Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to ' its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; ' otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, ' including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this ' Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for six (6) months following the date of formal acceptance of the Project by the City. 5/9"1 0 Ll Page 9A In the event that the Principal executed this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the day of , 19_. Name of Contractor (Principal) Name of Surety Address of Surety Authorized Signature Print Name & Title Authorized Agent Signature Print Name & Title Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 5/97 PRODUCER COMPANIES AFFORDING COVERAGE COMPANY A LETTER COMPANY B LETTER INSURED COMPANY C LETTER COMPANY D LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES AND IS NOT AMENDED, EXTENDED OR ALTERED BY THIS CERTIFICATE. POLICY EFFECTIVE EXPIRATION TYPE OF INSURANCE NUMBER DATE DATE ALL LIMITS IN THOUSANDS GENERAL LIABILITY (OCCURENCE BASIS ONLY) GENERAL AGGREGATE $ COMMERCIAL PRODUCTS /COMPLETED $ COMPREHENSIVE OPERATIONS AGGREGATE OWNERS &CONTRACTORS PROTECTIVE PERSONAL INJURY $ CONTRACTUAL FOR SPECIFIC CONTRACT PRODUCTS /COMPLETED OPERATION EACH OCCURENCE $ XCU HAZARDS BROAD FORM PROPERTY DAMAGE SEVERABILITY OF INTEREST CLAUSE FIRE DA $ (ANYONE E FIRE) RE) P. I. WITH EMPLOYEE EXCLUSION MEDICAL EXPENSES $ REMOVED MARINE (ANY ONE PERSON) AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY $ ALL OWNED AUTOS (PER PERSON) SCHEDULED AUTOS BODILY INJURY $ HIRED AUTOS (PER ACCIDENT) NON -OWNED AUTOS PROPERTY $ GARAGE LIABILITY DAMAGE EXCESS LIABILITY EACH AGGREGATE OCCURE NCE UMBRELLA FORM OTHER THAN UMBRELLA FORM - - $ $ STATUTORY — WORKERS' COMPENSATION $ EACH ACCIDENT & $ DISEASE - POLICY LIMIT EMPLOYERS' LIABILITY $ DISEASE -EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIONSA. OCATIONSNEHICLES /RESTRICTIONS/SPECIAL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH, BUT NOT LIMITED TO THE FOLLOWING CONTRACT: 24 -Inch Water Transmission Main Replacement in West Coast Highway at Newport Blvd., Contract C -3150 PROJECT TITLE AND CONTRACT NUMBER g p SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON - RENEWED, CANCELLED OR Y OF NEWPORT BEACH COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE CCOVERAGE BOX 1768 SHALL PROVIDE 30 DAYS MINIMUM ADVANCE NOTICE TO THE CITY OF 0 NEWPORT BOULEVARD [Al'I'ENTION: NEWPORT BEACH BY FIRST CLASS MAIL. WPORT BEACH, CALIFORNIA 92658 -8915 — ABTHORIZEDREPRESENTATIVE ISSUE DATE 1 • 9 1 1 1 I 1 GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: Page 11 With respect to such insurance as is afforded by the policy for General Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability arising out of operations performed by or on behalf of the named insureds in connection with the contract designated below or acts and omissions of the additional insureds in connection with its general supervision of such operations. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 1 5,9, 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of liability of the company affording ' coverage. 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision contained in the written contract designated below, between the named insured and the ' City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, ' pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU" hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured(s) named in ' Paragraph 1 of this endorsement shall be the limits indicated below written on an "Occurrence" basis: ' ( ) Commercial ( ) Comprehensive General Liability $ 2,000,000 each occurrence ' $ 2,000,000 aggregate The applicable limit of Contractual Liability for the company affording coverage shall be reduced by any amount paid as damages under this endorsement in behalf of the ' additional insured(s). The limits of liability as stated in this endorsement shall not increase the total liability of ' the company affording coverage for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to General Liability Insurance. b. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of ' Newport Beach by registered mail, Attention: Public Works Department. 1 5,9, 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 II S Page 11A 24 -INCH WATER TRANSMISSION MAIN REPLACEMENT 7. Designated Contract: IN WEST COAST HIGHWAY AT NEWPORT BLVD., C -3150 Proiect Title and Contract No. This endorsement is effective No. of_ Affording Coverage). Insured: ISSUING COMPANY By: Authorized Representative 5/97 at 12:01 a.m. and forms a part of Policy (Company Endorsement No.: 1 • 0 1 Page 12 ' AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Automobile Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability for damages arising out of the ownership, maintenance or use of ' automobiles (or autos) used by or on behalf of the named insured in connection with the Contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: 1 "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of liability of ' the company affording coverage." 3. The limits of liability under this endorsement for the additional insureds named in ' Paragraph 1 of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit: ' ( ) Multiple limits Bodily Injury Liability $ 1,000,000 per person 1 Bodily Injury Liability $ 1,000,000 per accident Property Damage Liability $ 1,000,000 ' ( ) Combined Single Limit Bodily Injury Liability & Property Damage Liability $ 1,000,000 The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one accident or occurrence in excess of the limits of liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 1 5/91 1 t • Page 12A 24 -INCH WATER TRANSMISSION MAIN REPLACEMENT 5. Designated Contract: IN WEST COAST HIGHWAY AT NEWPORT BLVD., C -3150 Project Title and Contract No. This endorsement is effective No. of Insured: ISSUING COMPANY By: Authorized Representative 5197 at 12:01 a.m. and forms a part of Policy (Company Affording Coverage). Endorsement No.: 'CONTRACT Page 13 ' THIS AGREEMENT, entered into this day of 19_, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and hereinafter "Contractor," is made with reference to the following facts: ' A. WHEREAS, City has advertised for bids for the following described public work: 24 -INCH WATER TRANSMISSION MAIN REPLACEMENT IN WEST COAST HIGHWAY AT NEWPORT BLVD. ( "Project ") C -3150 Project Description Contract No. B. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifi- cations. NOW, THEREFORE, City and Contractor agree as follows: ' 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, ' Labor and Materials Payment Bond, Permits, General Conditions, Standard Plans and Standard Special Provisions, Plans and Special Provisions for Contract No. C -3150 , Standard Specifications for Public Works Construction (current edition) and all supplements and this Agreement, and all modifications ' and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. t2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required ' for the Project: All of the work to be performed and materials to be furnished shall be in strict ' accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the ' intended results. 3. As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and ' Contractor accepts as full payment the sum of Dollars ($ ). 11 1 5/97 1 0 0 Page 14 This compensation includes: t(a) Any loss or damage arising from the nature of the work, (b) Any loss or damage arising from any unforeseen difficulties or ' obstructions in the performance of the work, (c) Any expense incurred as a result of any suspension or discontinuance of the work, ' but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 4. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for ' compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and ' identified by Contractor in writing as unsettled at the time of its final request for payment. ' 5. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: ' CITY: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA 92658 -8915 Attention: Michael J. Sinacori, P.E. ' CONTRACTOR: Company Name Street Address City, State & Zip Attention: ' 6. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self- insurance in accordance with the provisions of the Code, and ] will comply with such provisions before commencing the performance of the work of this Contract." 1 1 1117 1 0 0 ' Page 15 7. INSURANCE ' Insurance is to be placed with insurers with a Best's rating of no less than ANTI and insurers must be a California Admitted Insurance Company. ' Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this Agreement. The certificates and endorsements for each insurance policy are to be signed by a person ' authorized by that insurer to bind coverage on its behalf, on forms provided by City. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which ' may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. ' A. MIN MUM SCOPE OF INSURANCE 1 1117 Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0001 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) ' covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. 2. Insurance Services Office Business Auto Coverage form number CA 0001 0187 covering Automobile Liability, code 1 "any auto" ' and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. B. MINIMUM LIMITS OF INSURANCE Coverage limits shall be no less than: ' 1. General Liability: $2,000.000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project /location or the general aggregate limit shall be twice the required occurrence limit. ' 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 1 1117 b. Contractor's insurance coverage shall be primary insurance ' as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. ' d. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. e. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in ' this Agreement. 1 1117 0 Page 16 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. C. DEDUCTIBLES AND SELF - INSURED RETENTIONS ' Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. OTHER INSURANCE PROVISIONS 1 The policies are to contain, or be endorsed to contain, the following provisions: ' 1. General Liability and Automobile Liability Coverages a. City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to ' City, its officers, officials, employees or volunteers. b. Contractor's insurance coverage shall be primary insurance ' as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. ' d. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. e. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in ' this Agreement. 1 1117 0 0 Page 17 2. Workers' Compensation and Employers Liability Coverage ' The insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and volunteers for losses ' arising from work performed by Contractor for City. 3. All Coverages I Each insurance policy required by this clause shall be endorsed ' to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. E. Acts of God: Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of five (5) percent of the Contract amount provided ' that the Work damaged is built in accordance with the plans and specifications. F. Right to Stop Work for Non - Compliance: City shall have the right to offer the Contractor to stop Work under this Agreement and /or withhold ' any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. ' 8. RESPONSIBILITY FOR DAMAGES OR INiURY A. City and all officers, employees and representatives thereof shall not be ' responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone ' employed by it. B. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractors work on the Project. I 0 0 ' Page 18 C. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, ' claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any ' and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify or defend City ' from the sole negligence or willful misconduct of City, its officers or employees. D. To the extent authorized by law, as much of the money due Contractor ' under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. E. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Agreement. F. The rights and obligations set forth in this Article shall survive the ' termination of this Agreement 9. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Agreement and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. ' 10. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. ' 11. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. ' 5197 I 0 0 Page 19 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: LaVonne Harkless City Clerk APPROVED AS TO FORM: Robin Clauson Assistant City Attorney 5/97 CITY OF NEWPORT BEACH a Municipal Corporation Jan Debay Mayor CONTRACTOR Name of Contractor (Principal) Title 0 0 1 TABLE OF CONTENTS ' SPECIAL PROVISIONS 24 -Inch Water Transmission Main Replacement in West Coast Highway at Newport Boulevard SECTION 1 SCOPE AND CONTROL OF THE WORK 1 -1 General ' 1 -2 Definition 1 -3 Scope of Work 1 -4 Construction Schedule 1 -5 Payment 1 -6 Liquidated Damages 1 -7 Permits 1 -8 Pre -Bid Conference 1 -9 Pre - Construction Meeting ' 1 -10 Conferences 1 -11 Inspection of Plans and Specifications by the Contractor 1 -12 Local Conditions 1 -13 Contractor's Records /As -Built Drawings 1 -14 Safety 1 -15 Protection of Utilities ' 1 -16 Construction Surveying Staking 1 -17 Water and Power 1 -18 Contractor's Work Area ' 1 -19 Inspection and Test 1 -20 Warranty 1 -21 Sanitary Facilities ' 1 -22 Availability of Materials 1 -23 Steel Plates 1 -24 Additional Insured 1 -25 Indemnification 1 -26 Traffic Control and Access ' 1 -27 Contractor's Licenses 1 -28 Dust/Noise Control 1 -29 Surface and Groundwater Control ' 1 -30 Solid Waste Diversion 1 -31 Survey Monuments 1 -32 Connection to Existing Water Main ' 1 -33 Insurance Requirements 1 -34 Substitution of Securities 1 -35 Shop Drawings ' 1 -36 Work by Others 1 -37 City Furnished Material 11 SECTION 2 ' 3 -2 2 -1 ' 22 ' 2 -3 ' 2 -4 ' 2 -5 2 -6 2 -7 ' 28 2 -9 � ] CONSTRUCTION MATERIALS Earthwork Bedding and Backfill Materials Portland Cement Concrete Asphalt Concrete Paving Cement Mortar Lined and Coated (CML &C) Steel Pipe Polyvinyl Chloride (PVC) Plastic Pressure Pipe Butterfly Valves Nuts and Bolts Painting and Coating SECTION 3 CONSTRUCTION METHODS 3 -1 ' 3 -2 3 -3 ' 3 -4 3 -5 ' 3 -6 3 -7 ' 3 -8 3 -9 3 -10 ' 3 -11 3 -12 ' Appendix A P, I Dewatering Bedding and Backfill Excavation/Shoring Compaction Testing Cutting and Restoring Street and Roadway Surfacing and Concrete Work Installation of Cement Mortar Lined and Coated (CML &C) Steel Pipe Installation of Polyvinyl Chloride (PVC) Plastic Pressure Pipe Testing and Disinfection Painting and Coating Abandonment of Existing Facilities Grinding and Cold Planing of AC Removal of AC Pipe and Fittings Construction Plans (Reduced) 0 0 SECTION 1 SCOPE AND CONTROL OF THE WORK 1 -1 General All work necessary for the completion of this contract shall be done in accord ' with (1) these Special Provisions, (2) the Plans Drawing No. W- 5261 -5 consisting of 10 sheets), (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction (1994 edition), including Supplements. (4) The Standard Specifications for Public Works Construction (1997 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for Ten Dollars ($10.00). ' Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California, 90034, telephone (213) ' 202 -7775. All work shall also conform to the latest edition of American Water Works Association (AWWA) standards as amended. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be: 1. Permits from other agencies as may be required by law. 2. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications. 3. Special Provisions. 4. Plans. ' 5. Standard Special Provisions. 6. Standard Plans. ' 7. Standard Specifications (Green Book). 8. Reference Specifications. ' Detailed plans shall have precedence over general plans. 1 -2 Definition ' Consulting Engineer Moffatt & Nichol Engineers 3720 S. Susan Street, Suite 200 ' Santa Ana, CA 92704 (714) 979 -2055 SP -1 1 • • ' 1 -4 Construction Schedule 1 -4.1 Completion Schedule ' The Contractor shall complete all work under this contract within thirty (30) consecutive calendar days from the date of award of contract by the City Council. ' 1 -4.2 Prosecution of Work ' No work shall begin until a schedule of work has been submitted and approved by the City. The Contractor shall submit a construction schedule to the City for approval within five (5) working days after award of contract. City will review the schedule and may require the Contractor to adjust to the requirements of the City.. ' 1 -4.3 IJ 1 Working Hours Normal working hours shall be as follows: Monday through Friday, excluding holidays; work will not be allowed on Saturday, Sunday or holidays: Within Caltrans right -of -way (West Coast Highway) Prior to Seplauber 2, 1997 After September 2, 1997 9:00 P.M. to 5:00 A.M. 09:00 A.M. to 3:00 P.M. /\ 9:00 P.M. to 5:00 A.M. These hours may be subject to further limitation by traffic control requirements. The Contractor shall notify the City of Newport Beach Public Works Department at 644 -3311 at least 72 hours prior to beginning any work. "Holiday" shall be defined as January 1 st, the third Monday in February President's Day), the last Monday in May (Memorial Day), July 4th, the first SP -2 1 -3 Scope of Work The project area is located within the City of Newport Beach. The work to be done under this contract consists of the abandonment or removal of a 24 -inch diameter water transmission main and the construction of a 24 -inch ' CML &C steel pipe water transmission main including all appurtenances, fittings and connections within and adjacent to West Coast Highway and Newport Boulevard. The work also includes the construction of a 12 -inch PVC water main including all appurtenances, fittings and connections and removal of interfering ' portions of the existing 12 -inch ACP water main along West Coast Highway. ' 1 -4 Construction Schedule 1 -4.1 Completion Schedule ' The Contractor shall complete all work under this contract within thirty (30) consecutive calendar days from the date of award of contract by the City Council. ' 1 -4.2 Prosecution of Work ' No work shall begin until a schedule of work has been submitted and approved by the City. The Contractor shall submit a construction schedule to the City for approval within five (5) working days after award of contract. City will review the schedule and may require the Contractor to adjust to the requirements of the City.. ' 1 -4.3 IJ 1 Working Hours Normal working hours shall be as follows: Monday through Friday, excluding holidays; work will not be allowed on Saturday, Sunday or holidays: Within Caltrans right -of -way (West Coast Highway) Prior to Seplauber 2, 1997 After September 2, 1997 9:00 P.M. to 5:00 A.M. 09:00 A.M. to 3:00 P.M. /\ 9:00 P.M. to 5:00 A.M. These hours may be subject to further limitation by traffic control requirements. The Contractor shall notify the City of Newport Beach Public Works Department at 644 -3311 at least 72 hours prior to beginning any work. "Holiday" shall be defined as January 1 st, the third Monday in February President's Day), the last Monday in May (Memorial Day), July 4th, the first SP -2 1 Monday in September (Labor Day), November 11 (Veterans Day), the fourth Thursday in November (Thanksgiving), and December 25th (Christmas). If ' January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday. 1 -4.4 Construction Sequencing ' Prior to any construction activities, the Contractor shall provide the City of Newport Beach with a video tape of the condition of the existing street, curb, gutter, and sidewalk adjacent to the proposed pipeline. After installing, testing, flushing and disinfecting the 24 -inch and 12 -inch water mains, the Contractor shall make the final connections to the existing 24 -inch ' water main at the pressure reducing station along West Coast Highway and Newport Boulevard. The connections to the existing water line shall not be made until the Contractor has successfully passed the pressure test and disinfection requirements. 1 -5 Payment ' 1 -5.1 General ' The unit prices and lump sum prices include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work involved to complete ' the work included in the Contract Documents. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. No additional compensation will be allowed. ' The following items of work pertain to the bid items included within the Proposal. ' 1 -5.2 Item No. 1 - Mobilization, Demobilization and Cleanup: Work under this item shall include preparatory and cleanup operations including, ' but not limited to, those necessary for the movement of personnel, equipment, materials and incidentals to and from the project site, securing a temporary construction yard, and maintaining the project site in a safe and orderly manner ' during construction. This item also includes any costs incurred for securing bonds, insurance permits and financing prior to beginning the construction work. 1 -5.3 Item No. 2 - Install City Furnished 24 -inch CML &C Steel Pipe: -_ _Thg_ City of Newport Beach has pre - purchased the 24 -inch CML &C steel pipe, special sections and buttstraps as shown on the plans. The items are scheduled to be delivered to the project site beginning August 15, 1997. SP -3 Work under this item shall include furnishing any necessary items not provided by the City including providing�all gaskets (per AWWA), nuts (type 316 stainless ' steel) and bolts (type 316 stainless steel) required for the installation and assembly of the pipe and pipe joints,and installing all pipe material including, but not limited to, pavement removal and replacement, exposing utilities in advance of pipe excavation operations, trench excavation, control of ground and surface water including dewatering, bedding, backfill, compaction, slurry backfill, installation of pipe, fittings, couplings, welded joints, coatings, removal or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all ' other work necessary to install the pipe complete in place. 1 -5.4 Item No..3.- Furnish and - Install -12 -inch PVC Pipe, Class 200. ' Work under this item shall include furnishing and installing all pipe material including, but not limited to, pavement removal and replacement, exposing ' utilities in advance of pipe excavation operations, trench excavation, removal and disposal of interfering portions of existing 12" ACP water main control of ground and surface water including dewatering, bedding, slurry backfill, compaction, installation of pipe, fittings, couplings, restraint glands, thrust blocks, removal or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials, furnishing and installation of the 12" Flg. x Mj. butterfly valve and all other work necessary to install the pipe complete in place. ' 1 -5.5 Item No. 4- Install connection to Existing 24 -Inch CML &C Pipeline. Work under this item shall include making the connection to the existing 24 -inch CML &C pipe in the vicinity of the pressure reducing station along West Coast Highway as shown on the plans including, but not limited to, removal of ' interfering portions of the existing 24 -inch CML &C water main, draining the existing pipeline, swabbing the connecting pipe with chlorine, welding the connection, and all other work necessary to complete the connection to the existing pipeline. 1 -5.6 Item No. 5 - Install connection to Existing 12 -Inch AC Pipe in West Coast Highway: ' Work under this item shall include making the connections to the existing 12 -inch AC pipe in West Coast Highway including, but not limited to removal of existing 2 -inch valve cutting the existing 12" AC pipe, draining the existing pipeline, swabbing the connecting pipe with chlorine, restraining the connection, and all other work necessary to complete the connection to the existing pipeline. ' SP -4 1 -5.7 Item No. 6 - Pressure Test, Disinfect and Flush New 24 -Inch Water Main and 12- Inch Water Main: Work under this item shall include successfully pressure testing, disinfecting and flushing the new water mains per the project specifications. 1 -5.8 Item No. 7 - Traffic Control: ' Work under this item shall include providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, striping, restriping, and all other work necessary to comply with the traffic ' control plans, Caltrans requirements and the City of Newport Beach requirements. 1 -5.9 Item No. 8 - Excavation Safety Measures: Work under this item shall include adequate sheeting, shoring and bracing or equivalent methods for the protection of the life and limb, which shall comply to ' applicable safety orders including, but not limited to, planning, designing, engineering, furnishing, constructing, and removing temporary sheeting, shoring and bracing, and any other work necessary to conform to the requirements of any permits, OSHA and the Construction Safety Orders of the State of California, pursuant to the provisions of Section 6707 of the California Labor Code. 1 -5.10 Item No. 9 - Remove and Replace Existing Curb, Gutter and Sidewalk: Work under this item shall include the removal and replacement of the existing concrete curb, gutter and sidewalk along West Coast Highway as shown on the Plans and in accordance with Caltrans and the City of Newport Beach ' requirements. 1 -5.11 Item No. 10 - Abandon In Place Existing 24 -Inch Water Main: Work under this item shall include furnishing all labor, materials and equipment to abandon in place the existing 24 -inch water main for the limits shown on the ' plans including, but not limited to, famishing and installing steel plates (1/4 inch minimum thickness) as permanent bulkheads, installing City furnished dished bulkhead, filling abandoned portion of the 24 -inch water main with cement slurry (one sack), and all other work necessary to abandon in place the existing 24 -inch water main complete in place. t1 -6 Liquidated Damages Failure of the Contractor to complete the work within the time specified will result in significant damages being sustained by the City. From and after the date ' SP -5 11 J L E of award of the contract, pursuant to Government Code 53069.85, forfeiture for each day completion is delayed beyond the time allowed will be at the rate of $1,500 per calendar day. `. 1 -7 1 -7.1 General The Contractor shall pull all necessary permits required to complete the work to be done under this contract. The originals of all applicable permits must be kept at the jobsite at all times. All provisions of these permits will apply as stated in these Special Provisions and will have authority over any conditions herein. The permits contain requirements which affect the cost of the project work and may even require supplementary work permits and fees to execute construction. Contractor shall comply with all permit requirements and obtain and pay the fees involved with the supplementary work permit. Any costs incurred due to compliance with the permits shall be included in the appropriate bid items and no additional payment will be made. The Contractor is solely responsible for strict adherence to all permit/license requirements. 1 -7.2 Permits Obtained by the City The City has obtained or is in the process of obtaining the following permits required to construct the project. Proper notification to the agencies affected is the responsibility of the Contractor. - Copy -of the Caltrans permit or General Conditions are included in the Appendix A of these speeifggbons. 1. Caltrans Encroachment Permit. 2. Regional Water Quality Control Board Dewatering Permit. ' The Contractor shall furnish the State with a signed application requesting a separate Caltrans permit authorizing the Contractor to perform the work within the State Highway right -of -way for the City. The cost of the permit shall be ' in within the lump sum bid price for Mobilization. C� 1 -7.3 Permits to Be Obtained by Contractor ' Permits to be obtained by the Contractor are as follows: ' 1. OSHA Permits to perform excavation or trench work. 1 -8 Pre -Bid Conference A pre -bid conference will not be held for this project. 1 ' SP -6 1 0 0 ' 1 -9 Pre - Construction Meeting 1 A pre - construction meeting shall be scheduled 48 hours prior to start of construction with the following people present: Newport Beach Public Works 1 Department, Caltrans, Consulting Engineer, City of Newport Beach Inspectors or their representatives. The pre - construction meeting will address the following items: 1 1. Introduction and acquaintance of the key project personnel. Contractor is expected to be represented at the meeting by his assigned superintendent ' and foreman. Any major subcontractors should also be present. 2. Discuss the Construction Schedule. 1 3. Review drawing required shop submittals and processing. 1 4. Discuss cost breakdown of major bid items and progress payment processing. 1 5. Outline required field inspections and construction staking. 1 6. Discussion to clarify any questionable areas of work. 1 -10 Conferences 1 The Contractor shall meet once a week at the jobsite with the City and the City's Representatives. The project shall be reviewed in terms of progress of work, 1 schedules, shop drawing submittals, material orders and deliveries and matters of similar importance. The City or City's Representative shall prepare and distribute meeting notes to the following parties if at the meeting or not: 1 City's Project Manager City's Field Representative ' City's Consultants Contractor Caltrans 1 At any time during the progress of the work, the City of Newport Beach shall have the authority to require the Contractor to attend additional conferences including any or all of the subcontractors engaged in the work, and any notice of such conferences shall be duly observed and complied with by the Contractor. 1 -11 Inspection of Plans and Specifications by the Contractor 1 The Contractor shall familiarize himself with the Plans and Specifications. Should he discover any discrepancies or omissions in them, he shall at once report his 1 SP -7 0 0 discovery in writing to the City of Newport Beach for a decision on its correction, revision or clarification and the decision of the City shall be final. 1 -12 Local Conditions ' The bidder represents that he has carefully examined the Contract Documents and the site where the work is to be performed and that he has familiarized himself with all local conditions and federal, State and local laws, ordinances, rules and regulations that may affect in any manner the performance of the work. The ' bidder further represents that he has studied all surveys and investigation reports about subsurface and latent physical conditions pertaining to the jobsite, that he ' has performed such additional surveys and investigations as he deems necessary to complete the work at his bid price, and that he has correlated the results of all such data with the requirements of the Contract Documents. The submittal of a ' bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, including locality, uncertainty of weather and all other contingencies, and as to the character, quality, quantities, and scope of the work. ' The Plans and Specifications for the work show subsurface conditions or otherwise hidden conditions as they are supposed to or believed by the Consulting Engineer to exist; but it is not intended or to be inferred that the conditions as ' shown thereon constitute a representation that such conditions are actually existent. Except as otherwise specifically provided in the Contract Documents, the City, the Consulting Engineer, and their subconsultants shall not be liable for any loss sustained by the Contractor as a result of any variance of such conditions as shown on the Plans and the actual conditions revealed during the progress of the work or otherwise. Where the City, the Consulting Engineer or their subconsultant have made investigations of subsurface conditions in areas where the work is to be ' performed, such investigations were made only for the purpose of study and design. The conditions indicated by such investigations apply only at the specific location of each boring or excavation at the time the borings or excavations were ' made. Where such investigations have been made, bidders or Contractors may inspect the records as to such investigations subject to and upon the conditions hereinafter set forth. The records of such investigations are not a part of the Contract Documents and are shown solely for the convenience of the bidder or Contractor. It is expressly ' understood and agreed that the City, the Consulting Engineer, and their subconsultants assume no responsibility whatsoever in respect to the sufficiency ' or accuracy of the investigations; the records thereof; or of the interpretations set forth therein or made by the City's consultants, the Consulting Engineer or his ' SP -8 0 0 The availability or use of information described in this section is not to be construed in any way as a waiver of the provisions of the first paragraph in this section and a bidder or Contractor shall make such independent investigations and ' examination necessary to satisfy himself as the conditions to be encountered in the performance of the work. No information derived from such inspection of records of investigations or compilation thereof made by the City, the Consulting Engineer, or their subconsultants will in any way relieve the bidder or Contractor from any risk or ' from properly fulfilling the terms of the Contract Documents nor entitle the Contractor to any additional compensation. ' 1 -13 Contractor's Records /As -Built Drawings ' The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records and documents shall be retained for at least three (3) years after the date of completion t of the project. During this time, the material shall be made available to the City or to its authorized assigned representative. Suitable facilities are to be provided for access, inspection, and copying of this material. tThe stamped set of approved plans and specifications shall be on the jobsite at all times and in addition the Contractor shall maintain "As- Built" drawings of all work and subcontractor, continuously as the job progresses. A separate set of prints for this purpose shall be required and these drawings shall be up -to -date and so certified by the City's Representative at the time each progress bill is ' submitted. ' Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the plans. The "As- Built" correction plans shall be verified by the City prior to final payment or release of any bonds. ' 1 -14 Safety ' In accord with generally accepted construction practices, the Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons and property during performance of the work, and the Contractor shall ' fully comply with all State, federal and other laws, rules, regulations, and orders relating to safety of public and workers. ' SP -9 subconsultants in the use thereof by the Consulting Engineer, and there is no warranty or guarantee, either express or implied, that the conditions indicated by ' such investigations or records thereof are representative of those existing throughout such areas, or any part thereof, or that unlooked -for developments may ' not occur, or that materials other than, or in proportions, densities, or other different from those indicated may not be encountered. characteristics The availability or use of information described in this section is not to be construed in any way as a waiver of the provisions of the first paragraph in this section and a bidder or Contractor shall make such independent investigations and ' examination necessary to satisfy himself as the conditions to be encountered in the performance of the work. No information derived from such inspection of records of investigations or compilation thereof made by the City, the Consulting Engineer, or their subconsultants will in any way relieve the bidder or Contractor from any risk or ' from properly fulfilling the terms of the Contract Documents nor entitle the Contractor to any additional compensation. ' 1 -13 Contractor's Records /As -Built Drawings ' The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records and documents shall be retained for at least three (3) years after the date of completion t of the project. During this time, the material shall be made available to the City or to its authorized assigned representative. Suitable facilities are to be provided for access, inspection, and copying of this material. tThe stamped set of approved plans and specifications shall be on the jobsite at all times and in addition the Contractor shall maintain "As- Built" drawings of all work and subcontractor, continuously as the job progresses. A separate set of prints for this purpose shall be required and these drawings shall be up -to -date and so certified by the City's Representative at the time each progress bill is ' submitted. ' Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the plans. The "As- Built" correction plans shall be verified by the City prior to final payment or release of any bonds. ' 1 -14 Safety ' In accord with generally accepted construction practices, the Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons and property during performance of the work, and the Contractor shall ' fully comply with all State, federal and other laws, rules, regulations, and orders relating to safety of public and workers. ' SP -9 1 0 0 1 The right of the Consulting Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance will not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. 1 1 -15 Protection of Utilities The Consulting Engineer has endeavored to determine the existence of utilities at ' the site of the work from the records of the owners of known utilities in the vicinity of the work. The positions of these utilities as derived from such records ' are shown on the Plans. The service connections to these utilities may not be shown on the Plans. Prior to excavating in the vicinity of these utilities, the Contractor shall notify Underground Service Alert. ' continuing construction and maintaining utility services. The Contractor shall be responsible for verifying the actual location and elevation in the field of all utilities which were not previously potholed prior to beginning ' of construction. The Contractor shall provide the City information regarding the ' location of the utility by providing the pipe station and distance from curb and ' depth of cover from finished surface to top of utility. This information must be provided to the City prior to beginning any pipeline construction. the trench wall is required to satisfy the above condition, all cost to install shoring ' In addition, the Contractor shall expose all utilities and services, including those previously potholed, in advance of the actual pipe excavation operations. The Contractor shall protect all existing utilities from damage, whether they are ' shown or not. The existing utilities are to remain in place and be protected against damage during construction operations. The Contractor shall not interrupt existing ' utilities service occupied or used facilities, except when authorized in writing by the City. If the existing utilities interfere with construction, the Contractor shall submit drawings showing methods, material and sequences of operation for ' continuing construction and maintaining utility services. The Contractor shall not turn off or shut down any utilities at his convenience. No additional cost will be acceptable nor time extension granted, if a delay in work is caused by inconvenience. ' The Contractor is advised to exercise extreme caution to protect existing mains or trunkline utilities in place and to maintain them in service. In the event shoring of the trench wall is required to satisfy the above condition, all cost to install shoring ' shall be included in the bid item for the pipe installation. No additional compensation shall be made therefor. ' SP -10 1 -16 1 1 -17 1 1 1 1 -18 0 0 All traffic signal loops destroyed or damaged during construction shall be replaced or repaired by the Contractor immediately per Caltrans requirements. All loop construction shall be inspected by Caltrans personnel. All costs for replacing or repairing traffic signal loops shall be included in the lump sum price contained in the Proposal. No additional compensation shall be made therefor. Caltrans will determine whether a traffic loop can be repaired or needs to be replaced. Construction Surveying Staking The City will provide one set each of the following construction survey controls: Proposed pipeline alignment at 100 foot intervals to be used for USA notification. 2. Proposed pipeline alignment at 25 -foot intervals including bends, grade breaks and appurtenances (survey control for pipeline construction will not be provided until the City has obtained from the Contractor all of the required pothole data). Any additional stakes or any restaking or costs thereof shall be at the responsibility of the Contractor. The Contractor shall notify the City in writing two working days in advance of the time that the stakes are needed. Water and Power The Contractor will be responsible for obtaining any water and power required for his operation. The Contractor shall make his own arrangements for developing water sources and supply all labor and equipment to collect, load, transport, and apply water as necessary for compaction of materials, concrete construction operations, hydrotesting, disinfection, dust control and other construction use. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire) without first obtaining a construction meter from the City of Newport Beach. Contractor shall include the cost of construction water in the appropriate bid item to which it is appurtenant. The Contractor shall drain the water from the existing pipeline to be joined by this project prior to joining. All costs for draining the line and disposing of or reutilizing the water shall be included in the appropriate connection bid item. Contractor's Work Area The Contractor shall acquire at his own expense, sites of adequate size and access to facilitate Contractor's own operations, storing and staging of materials, equipment, and personnel. The Contractor shall meet all conditions and SP -11 0 0 ' requirements of the Owner of the property. Expenses related to storage yards and staging areas shall be included in the mobilization bid item. The Contractor shall ' be responsible for securing the site to protect his property from vandalism and loss and to protect the public from possible injury. ' The Contractor shall inform the City of his activities for obtaining any work areas. The Contractor is advised that the work areas must be obtained directly in writing from the property owner by the Contractor for use during the construction period. In obtaining such work areas, the Contractor shall obtain all necessary permits and comply with local ordinances and regulations. The Contractor is responsible for any rents, fines, damages, and restoration costs associated with the work areas. The City shall be famished a copy of the written agreement with the affected property owner prior to using the work areas. The agreement shall contain a written release statement approved by the City and shall be executed by the property owner that all work including restoration is to the owner's satisfaction and is complete. The City shall be provided with a copy of a written release from the property owner releasing the Contractor from any future claims prior to filing the Notice of Completion. ' 1 -19 Inspection and Test ' All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the City. The Contractor shall furnish the City full ' information as to the progress of the work in its various parts and shall give the City timely (48 hours minimum) notice of the Contractor's readiness for inspection. The City shall select the independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these ' Special Provisions. When in the opinion of the City, additional tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections will be paid for by 1 the Contractor and will be deducted from the total contract price. ' 1 -20 Warran The Contractor shall warrant all materials supplied by Contractor and all ' workmanship regardless of the material supplier for a period not less than two years (24 months) from the date of City Council acceptance of the contractor work and certification of completion. tThe Contractor's warranty shall cover all materials and all operations of all equipment supplied by Contractor and installed as part of this contract. Any part, item or function that does not perform as originally intended or specified shall be ' SP -12 1 • • ' replaced or repaired by the Contractor at no cost to the City should that part, item ' or function fall or not perform as originally intended or specified. The Contractor shall provide a written warranty satisfactory to the City prior to ' acceptance of the contract installation which meets the requirements of this provision. ' 1 -21 Sanitary Facilities Sanitary facilities shall be maintained on the site during the construction period by ' the Contractor. 1 -22 Availability of Materials It will be the Contractor's responsibility to ensure the availability of all material ' prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100% completion of work. ' Availability of City furnished materials is discussed in Section 1 -37 of these Special Provisions. 1 -23 Steel Plates ' The City can provide a limited quantity of steel trench plates if available. These plates do not have a non -skid surfacing, Contractor shall verify if use is allowable by Caltrans. These plates may be obtained for a rental charge of $15.00 per plate per week or part thereof. There is a $100 Deposit for use of the City's lifting eye fitting for the use of trench plates. These plates shall be returned to the City's Utilities Yard at 949 West 16th Street, Newport Beach. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Superintendent, Mr. Peter Antista, at (714) 644 -3011. ' 1 -24 Additional Insured The Contractor shall specifically name the City of Newport Beach, Caltrans and Moffatt & Nichol Engineers as an additional insured on all policies of insurance related to the performance of this contract. Contractor will not be given his Notice ' to Proceed without the completion of all insurance certificates on the City forms. Copies of all insurance certificates on the City forms shall be provided to the City of Newport Beach and Moffatt & Nichol Engineers. 1 -25 Indemnification ' Contractor hereby releases and agrees to indemnify, defend, hold harmless the City of Newport Beach, the Consulting Engineer, their agents, employees, ' SP -13 0 0 ' consultants and representatives for any and all damage to persons or property or wrongful death regardless of whether or not such claim, damage, loss or expense ' is caused in whole or in part by the negligence, active or passive, of the City of Newport Beach, the Consulting Engineer, as well as their agents and employees, ' excepting only the sole negligence of the City of Newport Beach, the Consulting Engineer and their agents and employees to the fullest extent permitted by law. Such indemnification shall extend to all claims, demands, actions, or liability for ' injuries, death or damages occurring after completion of the project, as well as during the work's progress. Contractor further agrees that it shall accomplish the above at its own cost, expense and risk exclusive of and regardless of any ' applicable insurance policy or position taken by any insurance company regarding coverage. Contractor shall defend, indemnify and hold the City of Newport Beach and Consulting Engineer, their employees, officers, or agents, harmless against any and all claims by any parties arising from, or related to, any and all damages, including legal costs and attorney's fees, resulting from interference with, interruption of, damage to, or any and all injuries which result from damage caused to subsurface installation as defined in Government Code §4216.1(1), ' which is unforeseen and despite Consulting Engineer's effort during the design process was not located, excepting only the gross negligence or willful ' misconduct of the Consulting Engineer in providing its services. 1 -26 Traffic Control and Access The Contractor shall provide traffic control and access in accord with the approved traffic control plans and the Caltrans "Manual of Traffic Controls" and ' the WATCH Handbook 1996 Edition. Traffic control plans have been provided as part of the Contract Documents. If the Contractor elects to revise these Plans or prepare his own traffic control plans, he shall do so at no expense to the City of ' Newport Beach. The Contractor shall be fully responsible for the adequacy of any traffic plan utilized, for obtaining approval from the City of Newport Beach and Caltrans for his changes, for conformance with his intended construction schedule and staging and to provide for its proper implementation. The Contractor shall maintain access to all driveways and residences during the installation of the ' water mains. 1 -27 Contractor's Licenses At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License or a Pipeline Specialty ' Contractor C -34 License. At the start of work and until completion of work, the Contractor shall possess a Business License issued by the City of Newport Beach. ' SP -14 ' 1 -28 Dust/Noise Control ' 1 -29 Dust shall be controlled by watering and/or dust palliative in accord with City of Newport Beach requirements. The Contractor shall comply with the noise level requirements contained in the City of Newport Beach requirements. Surface and Groundwater Control It is anticipated that groundwater will be encountered in the project area. The Contractor will be responsible for providing, installing, maintaining and operating a dewatering system in the project area. Contractor will be responsible for complying with all requirements of the City's NPDES Permit for construction dewatering. Groundwater or surface runoff water containing mud, silt or other deleterious material due to the construction of this project shall be treated by ' filtration or retention in settling basin(s) sufficient to prevent such material from migrating into the storm drain system. ' 1 -30 Solid Waste Diversion ' Unless specified elsewhere in this contract, all non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility which crushes such materials for reuse. Excess soil and other recyclable solid wastes ' shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes t generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnages monthly to the City on a form provided by the City representative. 1 -31 Survey Monuments ' Survey monuments shall not be disturbed unless required by the construction of the proposed pipeline. Survey monuments shall not be moved or otherwise disturbed by the Contractor until the jurisdictional agency's representative has ' witnessed or otherwise referenced their location. The Contractor shall coordinate the removal of the existing survey monuments within the jurisdictional agency. ' The re- establishing of the survey monuments once the construction has been completed will be done by the jurisdictional agency. All existing survey monuments which are not located within the proposed pipeline alignment shall ' not be disturbed. If the Contractor does disturb them, the cost to remove and re- establish the survey monuments will be paid for by the Contractor. ' SP -15 1 -32 1 -33 1 -34 Connection to Existing Water Main Contractor will be required to connect to the existing 24 -inch main in West Coast Highway and the existing 12 -inch main along West Coast Highway. Contractor shall pothole the connection points prior to the beginning of construction. The potholing of the connections to the existing mains shall include verifying the horizontal and vertical location. The Contractor shall provide the City information regarding the location of the connecting pipe by providing the pipe station and distance from curb and depth of cover from finished surface to top of the existing pipe. City of Newport Beach will perform all shutdowns of existing water facilities as required for the proposed connections. The Contractor shall give the City 72 hours notice of the time he desires the shutdown of facility to take place. Connection shall be done in accord with Section 306 - 1.2.15 of the Standard Special Provisions. Insurance Requirements The limits of liability for this contract are: General Liability Insurance Endorsement General Liability $2,000,000.00 each occurrence $2,000,000.00 each occurrence Automotive Liability Insurance Endorsement Multiple Limits Bodily Injury Liability Bodily Injury Liability Property Damage Liability Combined Single Limit Bodily Injury Liability and Property Damage Liability Substitution of Securities $1,000,000.00 per person $1,000,000.00 per accident $1,000,000.00 $1,000,000.00 Pursuant to Section 22300 of the California Public Contract Code, the Contractor ' shall have the option to deposit qualified securities in an escrow account with an escrow agent as a substitute for retention of Contractor earnings required to be ' SP -16 1 • • ' withheld by the City pursuant to the Contract Documents; provided, however that the Contractor meets the conditions specified herein below. The following ' conditions are expressly agreed by the parties to be consistent with, in addition to, and not in any way contradictory with, the requirements of Section 22300 of the ' California Public Contract Code: 1. The escrow agent and escrow agreement selected by the Contractor shall ' be approved by the City and both the escrow agent and escrow account shall be located within the State of California. 2. The securities eligible for deposit into the escrow account shall include ' those listed in Section 16430 of the California Government Code, and agreed to in writing by the Contractor and the City. 3. In the event that the qualified securities deposited in the escrow account decrease in value to an amount less than the cash amount then required by ' the Contract Documents to be withheld as retention by the City, the escrow agent shall notify the City of the deficiency within five (5) days and the Contractor shall deposit, to the extent of the deficiency, additional ' qualified securities with the escrow agent within five (5) days of City notification to the Contractor of such deficiency. ' Upon the expiration of the five (S) day notice period to the Contractor, the City shall have the fight to: ' a. cause the escrow agent to immediately convert the qualified securities deposited in the escrow account to cash and to ' immediately remit such cash amount to the City; b. cause the escrow agent to terminate the escrow account upon satisfaction of provision a) of this paragraph; and C. satisfy any withholding deficiency by retaining amounts necessary ' to satisfy such deficiency from any funds due or to become due to the Contractor under the Contract Documents. ' Notwithstanding any of the foregoing provisions, the Contractor shall have the right to establish another escrow account complying with the ' requirements of California Public Contract Code Section 22300 and these Contract Documents even though such a previous escrow account has been terminated. ' 4. The Contractor shall bear all of the expense of the City and the escrow agent in connection with the establishment of the escrow account, the ' deposit of qualified securities into the escrow account, all statements and ' SP -17 ' 9 0 [J 1 1 accounting relating to the escrow account, and the maintenance of the escrow account. The Contractor shall, upon written notification to the City that the Contractor intends to open an escrow account with the escrow agent to deposit qualified securities as a substitute for retention of Contractor earnings required to be withheld by the City, notify the Surety in writing of such intention, and furnish the City with the written consent of the Surety to the utilization of such escrow account in lieu of periodic retentions. ' 1 -35 Shop Drawings ' Shop drawings shall be prepared and submitted in accord with Section 2 -5.3 of the Standard Specifications. The Contractor shall submit eight (8) copies for review by the City. The City will return three (3) copies to the Contractor for his ' use. 1 -36 Work by Others ' It shall be the duty of the Contractor of this project to contact the contractors of ' any other adjacent projects under construction and to coordinate the work to avoid any delays or inconvenience to any project. As a minimum the Contractor shall coordinate his construction work areas and traffic control with the Contractors for ' construction of the Newport Boulevard/Pacific Coast Highway "Arches" Interchange improvements and the Southern California Gas Companies construction for relocation of gas lines along West Coast Highway. ' 1 -37 City Famished Material The City of Newport Beach has entered into a contract with a supplier of cement mortar lined and coated steel pipe to supply pipe for this project. The 24 -inch pipe, special sections and buttstraps required to construct the pipeline as shown on ' the construction plans will be supplied by the City of Newport Beach. The City famished materials are scheduled to be delivered to the Project site beginning August 15, 1997. The following is a list of the City furnished pipe materials: • 24 -inch CMC steel pipe, special sections and buttstraps for installation including the additional length on the cut to fit pieces as shown on the plans. ' SP -18 SECTION 2 CONSTRUCTION MATERIALS 2 -1 Earthwork The Contractor shall perform all earthwork required for construction of the pipeline. Excavation shall include without classification the removal of all material of whatever nature encountered including underlying old reinforced concrete pavement in West Coast Highway, The Contractor shall remove unsuitable material and dispose of it at an off -site location. Costs of said disposal shall be the sole responsibility of the Contractor and no additional compensation shall be made therefor. All excess material excavated during construction of the proposed water mains ' shall become the property of the Contractor and shall be disposed of by him outside the limits of work in accordance with the applicable ordinances and regulations of governmental agencies having jurisdiction. Costs of said disposal ' shall be the sole responsibility of the Contractor and no additional compensation shall be made therefor. ' 2 -2 Bedding and Backfill Materials ' 2 -2.1 Bedding Bedding material shall be clean, well graded imported sand having a minimum sand equivalent of 30 per ASTM D 2419. Imported sand shall be a granular material free from clay balls, organic mater and other deleterious substances. The bedding material shall also conform to City Std - 106 -L. ' 2.2.2 Backfill ' In areas where slurry backfrll is not required, excavated native earth may be used as backfill if approved by City's Geotechnical Engineer. Backfill shall be free of trash, roots, clay, debris, and other deleterious material. Where proper compaction ' of native material is not feasible due to high moisture content, import soil having an expansion index less than 30 shall be used. Cost of said import soil shall be ' sole responsibility of the Contractor and no additional compensation shall be made therefor. Backfill material shall also conform to City Std - 106 -L. ' Backfill shall be placed in layers not more than 8- inches in thickness and shall be compacted to 90% relative compaction. Compaction of backfrll by puddling or jetting is not acceptable. t SP -19 2 -2.3 2 -2.4 2 -3 2 -3.1 9 Crushed Rock Base [, i Crushed rock base and gravel are defined as natural or crushed rock, free from organic matter, and meeting the following gradation: Sieve Size 1 -inch 3/4 -inch 1/2 -inch 3/8 -inch No. 4 Cement Slurry Percent Passing By Weight 100 90-100 30 -60 0 -20 0 -5 Cement slurry backfill shall consist of one and one -half sacks (141 pounds) Type II portland cement added per cubic yard of imported sand. No calcium chlorides will be allowed. Placement of pavement on cement slurry backfill will not be allowed until at least 24 hours after slurry placement. Portland Cement Concrete General All concrete shall be 560 -C -3250 unless otherwise specified. Concrete shall conform to the requirements of Sections 200, 201 and 303 of the Standard Specifications. Fly ash shall not be used in the concrete mix. Concrete 'mx design shall be subject to the review and approval of the City of Newport Beach. ' 2 -3.2 Cement All cement to be used shall be Type II portland cement conforming to ASTM C 150. [I I 2 -3.3 Aggregates Aggregates shall comply with ASTM C 33 and shall have a maximum size of 3/4- inch. 2 -3.4 Steel Reinforcement Reinforcement shall conform to ASTM A615, Grade 60, unless otherwise noted on the Plans. SP -20 I J [I C fl 1 0 0 2 -3.5 Expansion Joint Material Expansion joint material shall be preformed, nonextruded type constructed of closed -cell neoprene conforming to ASTM D 1752, Type I, as manufactured by W.R. Grace Company of Cambridge, Massachusetts; W.R. Meadows, Inc., Elgin, Illinois, or equal. 2 -3.6 Grouting of Abandon Pipelines The grout materials shall consist of one sack (94 pounds) Type II portland cement added per cubic yard of sand. 2 -4 Asphalt Concrete Paving 2 -4.1 Asphalt Concrete Asphalt concrete shall be per City of Newport Beach requirements and shall meet the requirements of Section 203 -6 of the Standard Specifications ( "Green Book "). The viscosity grade of paving asphalt shall be AR4000. 2 -4.2 Aggregate Base Aggregate base for the pavement structural section shall be either crushed aggregate base or crushed miscellaneous base per Section 200 -2.2 of the Standard Specifications. 2 -5 Cement Mortar Lined and Coated (CML &C Steel Pipe 2 -5.1 General Steel pipe shall conform to the Standard Specifications for Public Works Construction (SSPWC) Section 207 -10, Federal Specification SS- P -385a, and AWWA C -200. The diameter shown on the plans is the actual inside diameter after lining. The steel used in the manufacture of the steel pipe shall comply with the physical and chemical requirements of ASTM A36, ASTM A283 Grade C or D, ASTM A- 570, Grade 33. 2 -5.2 Shop Drawings The City's pipe Supplier is preparing fabrication drawings and laying diagrams for all pipe, special sections and buttstraps to be provided for under this contract. These fabrication and laying diagrams will be available for use by the Contractor during construction. SP -21 I I I C I i I [1 • • 2 -5.3 Wall Thickness Wall thickness of the steel cylinder shall be 1/4" minimum. 2.5.4 Pipe Lengths Unless otherwise shown on the construction plans, steel pipe has been manufactured in lengths of 20'. Pipe may have been furnished in lengths less than the specified lengths, to facilitate the laying of the pipe on curved alignments, between bends, at connections, etc. The City's pipe Supplier has fabricated and should furnish all necessary short pipe sections for pipeline closure and the proper locations of any special section, fitting or pipeline appurtenance shown on the plans. 2.5.5 Joints Joints for steel pipe shall be lap- welded slip joint and shall comply with the requirements of AWWA C200. The location of slip on flanges and buttstraps are also specified on the plans. Buttstraps for buttstrap joints will be furnished by the City with two 6" diameter hand holes, 1800 apart, complete with screwed plugs, suitable for use in patching the interior cement mortar lining after field welding of the joint. A detail for the lap- welded slip joint and buttstrap is included in the construction plans. Flanges shall be AWWA C207, Class D flat face. 2 -5.6 Special Sections Special sections, including curves, tees, crosses, outlets and bulkhead, shall be fabricated in accordance with AWWA C208. 2 -5.7 Cement Mortar Lining Cement mortar lining for all steel water main pipe and special sections shall conform to AWWA C205 and Section 207 -10.4 of the SSPWC. The minimum lining thickness shall be 1/2 ". Cement shall be type II. 2 -5.8 Cement Mortar Exterior Coating Steel pipes and special sections laid underground shall be coated to conform to the requirements of AWWA 05. The coating thickness shall be a minimum 1 ". Cement shall be Type V. SP -22 1 • • ' 2 -5.9 Exterior Painted Protective Coating During Fabrication ' The exposed portion of joint rings shall be coated with a 3 -mil minimum thickness organic zinc pigmented coating meeting U.S. Federal Specification ' TT -P -641. 2 -5.10 Product Marking ' Each length of straight pipe and each special shall be plainly marked at the bell end to identify the design pressure or bead, the steel wall thickness, the date of manufacture, and the proper location of the pipe item by reference to the layout schedule. For beveled pipe, the degree of bevel and the point on the circumference to be laid uppermost shall be shown. 2 -5.11 Materials to be Provided ' The City of Newport Beach has pre - purchased the 24 -inch CML &C steel pipe, special sections and buttstraps with welded joints shown on the plans. The items described above are scheduled to be delivered to the project site beginning on August 15, 1997. 2 -6 Polyvinyl Chloride (PVC) Plastic Pressure Pipe All polyvinyl chloride (PVC) pipe shall be SDR -14 (Class) 200 and shall be ' manufactured in strict accord with the latest revisions of AWWA Standard C -900 and the applicable ASTM Standards, unless otherwise noted. PVC pipe shall conform to Section 207- 2lofthe Standard Special Provisions ' 2 -7 Butterfly Valves ' Butterfly valve shall be 12 -inch (flg x mj) butterfly valve (CL 150) manufactured by M &H or approved equal. 1 2.8 Nuts and Bolts All flanged pipe joints shall be joined utilizing Type 316 stainless steel nuts, ' washers and hex -head bolts. Bolted connectors fabricated from Type 316 stainless steel shall have threaded parts coated liberally with an approved anti -cease compound. All bolted and threaded fasteners shall conform to the minimum requirements for strength, material construction and dimension as established by the ASTM and ANSI specifications. All fasteners shall be accompanied by written certification from the manufacturer stating compliance with the appropriate specifications. SP -23 1 • 0 Type 316 stainless steel bolts and nuts shall conform to ASTM A193, Grade B8 for bolts and ASTM A194, Grade 8 for nuts. Fit shall be Classes 2A and 2B per ' ANSI B 1.1 when connecting to valves with body bolt holes. ' 2 -9 Painting and Coating 2 -9.1 Submerged Metal Coating Systems System No. 7 -- Submerged Metal (Epoxy): ' Type: Epoxy. Service Conditions: For use with structures, piping, or equipment immersed in water. Surface Preparation: SSPC SP -10. Coating System: Apply two or more coats of Tnemec Series 20, Koppers Hi- ' Gard, Ameron 395, Porter 7530 Series, Wisconsin Protective Coating Corp. Plasite 7133, Scotchkote 306, Engard 460 HS, or equal; 14 mils total. Color of topcoat: White. 2 -9.2 Buried Metal Coating Systems ' System No. 21- -Buried Metal: Type: Coal -tar epoxy having a minimum volume solids of 68% (ASTM D 2697). Service Conditions: Buried metal, such as valves, flanges, bolts, nuts, structural steel, and fittings. ' Surface Preparation: SSPC SP -10. Prime Coat: Ameron 78 HB, 16 mils; Tnemec 46H-413,16 mils; Porter 7080,16 mils; or equal. ' Topcoat: Ameron 78 HB, 16 mils; Tnemec 46H -413, 16 mils; Porter 7080, 16 mils; or equal. SECTION 3 CONSTRUCTION METHODS 3 -1 DewaterinQ ' It is anticipated that ground water will be encountered. Where encountered within two feet of the pipeline invert, dewatering to at least two feet beneath the base of SP -24 1 • 0 the pipe bedding is required. Sumps and pumps within a tightly sheet excavation ' 3 -2.1 Bedding A twelve (12) -inch minimum layer of bedding material shall be installed prior to placing the pipe. Prior to placing the pipe, the bedding shall be graded so that when installed, the pipe shall be in contact with the bedding. Excavated bell holes will be allowed at each joint to permit proper assembly and inspection of the entire joint. Compaction or densification of bedding material shall be accomplished by mechanical means or by water jetting or flooding. Bedding shall be compacted to 90% relative compaction. In the event that the subgrade soils below design grades are excessively weak or ' disturbed during excavation, the unsuitable soils should be overexcavated to firm undisturbed material before placing the bedding. The overexcavated areas may be backfilled using the approved bedding material. ,4 suitable heavy duty filter ' fabric, e.g. Mirafi 60OX or equivalent, may be placed between the subgrade and bedding material to provide improved bedding support over exceptionally weak soils. 3 -2.2 Backfill or the use of well points or deep wells may be used to dewater the site. The dewatering system must be designed and implemented in such a manner as to remove the water without loss of soil; filtration will likely be necessary. The design of the dewatering system shall be performed by an Engineer ' knowledgeable and experienced with such soil and groundwater conditions. The design shall also evaluate the need of a groundwater recharge system beyond the 3 -3 excavation to reduce the influence of the dewatering on the surrounding soils. Dewatering plans shall be submitted by the Contractor to the City for review and approval prior to construction. ' 3 -2 Bedding and Backfill ' 3 -2.1 Bedding A twelve (12) -inch minimum layer of bedding material shall be installed prior to placing the pipe. Prior to placing the pipe, the bedding shall be graded so that when installed, the pipe shall be in contact with the bedding. Excavated bell holes will be allowed at each joint to permit proper assembly and inspection of the entire joint. Compaction or densification of bedding material shall be accomplished by mechanical means or by water jetting or flooding. Bedding shall be compacted to 90% relative compaction. In the event that the subgrade soils below design grades are excessively weak or ' disturbed during excavation, the unsuitable soils should be overexcavated to firm undisturbed material before placing the bedding. The overexcavated areas may be backfilled using the approved bedding material. ,4 suitable heavy duty filter ' fabric, e.g. Mirafi 60OX or equivalent, may be placed between the subgrade and bedding material to provide improved bedding support over exceptionally weak soils. 3 -2.2 Backfill Backfill shall be placed in layers not more than 8- inches in thickness and shall be compacted to 90% relative compaction. Compaction of backfill by puddling or jetting is not acceptable. As shown on the construction plans, backfill above the pipe zone within the West Coast Highway shall be 1 -112 sack cement slurry. 3 -3 Excavation/Shoring The Contractor shall submit to the City for acceptance, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other ' provisions to be made for worker protection from the hazard of caving ground during the excavation of any trench or trenches 5 -feet or more in depth. The plan ' SP -25 1 • • ' shall be prepared by a registered civil or structural engineer licensed in the State of California. As a part of the plan, a note shall be included stating that the registered civil or structural engineer certifies that the plan complies with the CAL /OSHA Construction Safety Orders, or that the registered civil or structural engineer certifies that the plan is not less effective than the shoring, bracing, sloping, or other provisions of the Safety Orders. ' The detailed plan showing the design of shoring, etc., which the Contractor is required to submit to the City for acceptance in advance of excavation will not be accepted by the City if the plan is based on subsurface conditions which are more favorable than those revealed by the investigations made by the City or the Consulting Engineer or their sub consultants; nor will the plan be accepted if it is based on soils related design criteria which is less restrictive than the criteria set ' forth in the report on the aforesaid investigations of subsurface conditions. The detailed plan showing the design of shoring, etc. shall include surcharge loads ' for nearby embankments and structures, for spoil banks, and for construction equipment and other construction loadings. The plan shall indicate for all trench conditions the minimum horizontal distances from the side of the trench at its top ' to the near side of the surcharge loads. Nothing contained in this article shall be construed as relieving the Contractor of the full responsibility for providing shoring, bracing, sloping or other provisions which are adequate for worker protection. ' While performing the grading/excavation work shown on the construction plans, the Contractor shall use whatever means is necessary to insure that debris, dirt, etc. do not fall down the steep slope to the north or onto the sidewalk/highway to ' the south. If the Contractor does not follow this requirement, his grading operation will be stopped immediately and he will be required to submit a written plan to the City detailing how he plans to comply with this requirement. 3 -4 Compaction Testing The degree of compaction and density shall be determined and controlled in accord with the requirements of ASTM D -1557. The City will employ the services of a certified soil- testing laboratory to test and report upon the compaction of the bedding and trench backfill. The location and frequency of the ' tests shall be at the discretion of the City. Should the compaction methods used fail to achieve the required degree of compaction, the Contractor shall revise his methods to achieve the required compaction. Initial compaction testing will be paid for by the City. Any retests required will be at the expense of the Contractor. The minimum relative compaction shall be 95% unless stated otherwise. ' SP -26 i I I I 0 0 3 -5 Cutting and Restoring Street and Roadway Surfacing and Concrete Work 3.5 -1 Cutting or Breaking All Portland cement concrete, reinforced concrete pavement, and asphalt concrete pavements, gutters, driveways, curbs, and sidewalks excavated or damaged shall be removed between neat vertical cuts, of an approved type or in the case of curbs, gutters, and sidewalks, between vertical cuts made by acceptable methods at the nearest score marks beyond the damaged portion as may be required in each case by the City of Newport Beach or Caltrans. Tunneling of curbs, gutters and sidewalks will not be allowed unless approved in writing by the agency having jurisdiction over that facility. 3.5 -2 Restoring Facilities The improvements to be restored by the Contractor shall include all pavements and other classes of surfacing whether in main roadways or in shoulders, all curbs, gutters, driveways, sidewalks, drainage structures, lighting standards, walls, fences and any other surface improvements removed or damaged by him in the course of his operations under the contract. Wherever sidewalks, driveways, or private roads have been removed for purposes of construction, the Contractor shall place suitable temporary sidewalks, driveways, or private roads promptly after backfilling and shall maintain them in a satisfactory condition for the period of time fixed by the City and authorities having jurisdiction over the affected portions before proceeding with final restoration or, if no such period of time is so fixed, shall so maintain said ' temporary sidewalks, driveways, or private roads until the final restoration thereof is made. ' Storm drains, culverts, electric lighting standards and conduits, and any other public improvements which are excavated or damaged by the Contractor shall be or other agency having jurisdiction, and any permits required in connection therewith shall be obtained by the Contractor. SP -27 In order to obtain a satisfactory junction with adjacent surfaces) the Contractor shall cut back and rim the edges so as to provide a clean, sound, vertical joint before permanent replacement of an excavated or damaged portion of pavement, gutter, driveway, curb, or sidewalk. Damaged edges of pavement within street ' right -of -way shall be trimmed back by saw cutting, no less than 1 -112 inches deep, in straight lines of 30 feet minimum length. Wherever the cut line of the pavement is within 48 inches of the curb face or the gutter line, as the case may be, the ' pavement shall be removed and replaced in kind. Wherever sidewalks, driveways, or private roads have been removed for purposes of construction, the Contractor shall place suitable temporary sidewalks, driveways, or private roads promptly after backfilling and shall maintain them in a satisfactory condition for the period of time fixed by the City and authorities having jurisdiction over the affected portions before proceeding with final restoration or, if no such period of time is so fixed, shall so maintain said ' temporary sidewalks, driveways, or private roads until the final restoration thereof is made. ' Storm drains, culverts, electric lighting standards and conduits, and any other public improvements which are excavated or damaged by the Contractor shall be or other agency having jurisdiction, and any permits required in connection therewith shall be obtained by the Contractor. SP -27 1 ! • ' 3.5 -3 Restoring Pavement Delineation and Signs In the event that existing traffic striping, pavement markings or roadside signs are removed, damaged or obliterated by the construction work, it will be the responsibility of the Contractor to replace the said striping, pavement markings or signs to the satisfaction of the agency having jurisdiction over the street. All ' pavement delineation and signs shall be replaced in kind and shall conform to Sections 56, 84 and 85 of the State of California Standard Specifications. 3 -6 Installation of Cement Mortar Lined and Coated (CML &C) Steel Pine 3 -6.1 Cleaning of Joints Just prior to the installation of any pipe section all foreign matter of every nature and all protective material shall be removed from the surfaces that are not to be in contact at joints, so as to leave thoroughly clean surfaces for metal -to -metal contact in the field joints; provided that the removal prior to welding will not be required of the shop - applied protective coatings which do not interfere with or impair the quality of the field welding of the joints, where field welding is required. 3 -6.2 Stulling and Bracing The protective stulling and bracing shall be removed after the sand backfill has been thoroughly compacted and prior to completing the interior joints. ' 3 -6.3 Laying Pipe I. Each section of pipe shall be accurately laid to the required line and grade ' and shall have a firm bearing for the full length of the section. Shop or field welding together or joining in any manner of two (2) or more pipe sections prior to placing in the trench will not be permitted. ' 2. In placing pipe in the trench, the pipe shall be held by the sling which ' supported the pipe section at the quarter points. The sling shall be constructed with padded attachment straps as approved by the manufacturer of the pipe. Bare cable or chain attachment straps will not be allowed. The pipe shall not be dragged on the bottom of the trench but shall be supported by the sling while being fitted to the adjacent pipe section. f3. The pipe shall be securely held in position by blocking and by partial backfilling between field joints in such manner as not to interfere with the ' required work at the joints. Blocking shall be placed near the ends of the SP -28 1 section and elsewhere as directed and, where ordered, shall be removed after sufficient backfill has been placed to hold the pipe in position. 4. The Contractor shall make such excavations outside of the specified trench section as are needed for joints, where required, and for spaces sufficient to permit removal of the sling from each pipe section without damage to the pipe coating and shall subsequently backfill and compact such holes ' and spaces. 5. After each section of pipe has been set into position, it shall be attached to the adjoining section by means of an arc- welded joint as shown on the Plans. 6. The use of dogs, clips, lugs, or equivalent devices welded to the pipe for the purposes of forcing it into position will not be permitted. ' 7. Care shall be exercised at all times to avoid contaminating any pipe, valves or fittings. During laying operation, no debris, tools, clothing or other material shall be placed in the pipe. Dirt shall be prevented from entering the pipe and if necessary, the pipe shall be swabbed before placing in position. If the pipe - laying crew cannot place the pipe into the trench without getting foreign material into it, the City may require placing a heavy canvas cover over each end of the pipe which shall remain in place until the pipe lengths are to be joined. At times when pipe laying is not in progress, the open ends of pipe shall be closed by a water tight wooden bulkhead or other means approved by ' the City. This provision shall apply during the noon hour as well as overnight. If water is in the trench, the bulkhead shall remain in place until the trench is pumped completely dry. 3 -6.4 Interior Joint Recesses and Lining Repairs 1. The interior lining at field- welded joints shall be applied after the pipe trench has been backfilled. The unlined areas shall be thoroughly cleaned of all corrosion and of all foreign substances of any kind which adhere to ' the steel -plate surfaces, including any residue from the protective coating previously applied, following which, said area shall immediately be line. 2. The interior joint recess shall be filled the mortar of stiff consistency mixed in the proportions of one (1) part Portland cement to one (1) part of ' No 30 size silica sand. This mortar shall be as dry as can be satisfactorily installed. The mortar shall be tightly packed into the joint recess and handpointed by operators highly skilled in such work, and the interior ' surfaces and to the smoothness equal of that of the spun mortar lining. ' SP -29 5. The City will field inspect and may TV inspect the interior mortar lining prior to pressure testing of the new main. 6. Epoxy lined pipe shall be repaired using a 100% solid liquid epoxy coating applied by spray or brush. Lining to be repaired shall be roughed and feathered into the sound coating to the satisfaction of the City to ' assure a durable mechanical bond. Field repairs shall be limited to localized imperfections and joints. Extensive repairs shall be limited to localized imperfections and joints. Extensive repair will be returned to the manufacturer for a fusion process. 3 -6.5 Completing Exterior Joints Exterior joints shall be cement -mortar lined after completion of the welding of the i joint. The steel shall be cleaned with wire brushes and a cement and water wash coat applied prior to applying the cement mortar. Where more than a 4 -inch joint strip of mortar is required, welded wire mesh reinforcement having a 2 -inch by 4- ' inch pattern of No. 13 gage shall be placed over the exposed steel. The mesh shall be installed so that the wires on the 2 -inch spacing run circumferentially around the pipe. The wires on the 4 -inch spacing shall be crimped to support the mesh ' 3.8 inch from the metal surface. The surface shall then be coated with mortar, or a pouted concrete encasement to cover all steel to a minimum thickness of 1 -1/2 inches. Exterior mortar shall be protected to retard drying while curing. Concrete shall be poured and vibrated on one side of the closure assembly only, until mortar is visible on the opposite side, after which the coating can be completed over the top of the assembly. ' 3.6.6 Welding 1. Field welding of steel pipes and fittings shall conform to requirements of ' AWWA C206. 2. All welding shall be done by an unvarying arc- welding process which excludes the atmosphere during the process of deposition and while the metal is in a molten state. The size and type of electrode used, and the ' SP -30 Backfilling of the trench shall be completed in each reach of pipeline before the interior joint recesses therein are pointed with mortar. 3. All mortar lining repairs and finishing shall be done using the mortar specified in the previous paragraph. 4. Field applied interior mortar in the pipeline shall be cured by the curing ' compound method. One (1) coat of curing compound may be applied by brushing instead of spraying. 5. The City will field inspect and may TV inspect the interior mortar lining prior to pressure testing of the new main. 6. Epoxy lined pipe shall be repaired using a 100% solid liquid epoxy coating applied by spray or brush. Lining to be repaired shall be roughed and feathered into the sound coating to the satisfaction of the City to ' assure a durable mechanical bond. Field repairs shall be limited to localized imperfections and joints. Extensive repairs shall be limited to localized imperfections and joints. Extensive repair will be returned to the manufacturer for a fusion process. 3 -6.5 Completing Exterior Joints Exterior joints shall be cement -mortar lined after completion of the welding of the i joint. The steel shall be cleaned with wire brushes and a cement and water wash coat applied prior to applying the cement mortar. Where more than a 4 -inch joint strip of mortar is required, welded wire mesh reinforcement having a 2 -inch by 4- ' inch pattern of No. 13 gage shall be placed over the exposed steel. The mesh shall be installed so that the wires on the 2 -inch spacing run circumferentially around the pipe. The wires on the 4 -inch spacing shall be crimped to support the mesh ' 3.8 inch from the metal surface. The surface shall then be coated with mortar, or a pouted concrete encasement to cover all steel to a minimum thickness of 1 -1/2 inches. Exterior mortar shall be protected to retard drying while curing. Concrete shall be poured and vibrated on one side of the closure assembly only, until mortar is visible on the opposite side, after which the coating can be completed over the top of the assembly. ' 3.6.6 Welding 1. Field welding of steel pipes and fittings shall conform to requirements of ' AWWA C206. 2. All welding shall be done by an unvarying arc- welding process which excludes the atmosphere during the process of deposition and while the metal is in a molten state. The size and type of electrode used, and the ' SP -30 current and voltage required, shall in all cases be subject to the approval of the City. The type of wire and flux to be used for automatic processes shall ' also be subject to the approval of the City. ' 3. Rusted or otherwise damaged electrodes shall not be used, and violation of this provision shall be sufficient cause for rejection of the work. Used flux from automatic welders shall be sifted free of fines and coarse pieces and shall have all mill scale removed before reusing. 4. All welds shall be of uniform composition, neat, smooth, full strength, ' ductile, and shall be made with a technique which will ensure uniform distribution of load throughout the welded section with a minimum ten- dency to produce eccentric stress or distortion in the weld or in the metal ' adjacent thereto. ' 3 -6.7 Quality of Welds 1. There shall be no greater evidence of oxidation in the metal of the weld ' than in the metal of the unwelded plate. All welded joints shall be of a type that will produce complete fusion of the plates and shall be free from ' unsound metal, pinholes, and cracks. 2. The finish of welded joints shall be reasonably smooth and free from ' grooves, depressions, burrs, and other irregularities, and there shall be no valley or undercut in the center of edges of any weld. 3. All back chipping on both automatic and hand welding, whether for repairs or preparation of the groove for the original weld, shall be subject to inspection before being filled with weld metal. All butt welds shall be back chipped with a round -nosed tool to sound metal and inspection before welding the reverse side. ' 1. Field joints shall be lap welded slip, buttstrap or Camegie joints as shown on the Plans. ' 2. At all single welded butt - strapped field joints, the outside weld or welds, as the case may be, shall be made with one (1) downhand pass and one (1) uphand pass. Fitting of butt straps shall be done with angle -bar clips and bolts pulled tight; provide d that such angle -bar clips shall be removed to the satisfaction of the City upon completion of welding. The use of chains ' and jacks to pull up straps will not be permitted. ' SP -31 0 0 1 3 -6.8 Hand Welding t 1. In all hand welding, the metal shall be deposited in successive layers so that there will be at least as many passes or beads in the completed weld as ' indicated in the following table: Fillet Weld, ' Plate Thicknesses, Minimum Number inches of passes 3/16 2 1/4 2 5/16 3 ' 3/8 3 13/32 3 7/16 4 15/32 4 1/2 4 1/2 4 ' More than 1/2 1 for each 1/8 inch and any remaining fraction 1 thereof ' 2. For all hand butt welds and other hand welds where possible, except plain 90- degree fillet welds, the plate edges shall be so prepared that there will be sufficient angle in the welding groove to prevent side arcing of the ' electrode and to permit penetration at the deepest point of the groove. All such welds shall be back chipped with a round -nosed tool to clean metal on the reverse side from the side of deepest penetration before any welding ' is done on said reverse side. Each hand pass and each back chipped welding groove shall be subject to inspection before the ensuing pass is made. Each hand pass shall be the full width of the weld. ' 3. For all hand welds, not more than 1/8" of metal shall be deposited in each ' pass. Each pass except the final one, whether in butt or fillet welds, shall be thoroughly bobbed or peened to relieve shrinkage stresses to remove dirt, slag, or flux before the succeeding bead is applied. Each pass shall be ' thoroughly fused into the plates at each side of the welding groove or fillet and shall not be permitted to pile up in the center of the weld. Undercutting along the side will not be permitted. 3 -6.9 Defects ' All porosity and cracks, trapped welding flux, or other defects in the welds shall be completely chipped out in a manner which will permit proper and complete ' SP -32 repair by welding. Defective welds shall in general be repaired by hand welding; provided that the repair of defects in automatic welds shall be made on automatic ' welding machines where, in the City's opinion, the defect is so extensive as to make a hand repair undesirable. ' 3 -6.10 Contractor's Equipment The Contractor's equipment for all welding and flame cutting shall be designed and maintained in such conditions, at all times, as to permit qualified welding operators to obtain the requirements prescribed in these specifications, and shall ' be approved by the City. The use of a semiautomatic welding process will not be permitted. In all welding by an automatic process, both the rate of deposition of weld metal and the rate of travel of the electrode shall be automatically controlled. ' The submerged melt process shall be used for automatic welding. 3 -6.11 Welders 1. Welding shall be done by skilled welders who have had adequate experience in the method and materials to be used. All welding operators shall be qualified under the standard qualification procedure of the latest edition of the ASME Boiler and Pressure Vessel Code, Section IX, ' Welding Qualifications. Any welder or welding operator perfonning work under this contract shall have been qualified for the process involved within the past three (3) years. t2. The Contractor, when required by the City, shall conduct tests of his welders to determine their ability to produce welds that are in compliance with these specifications. Tests shall be made in accord with the above - named qualification procedure using machines and electrodes similar to those that are to be used on the work and in the presence of the City, who ' shall determine the quality of the work done. In lieu of test conducted in the presence of the City, the City may require that welders be qualified under the ASME qualification procedure by a testing agency approved by the City. The specimens shall be welded in the same position in which the welder is qualifying to work, and the same number of passes shall be used. ' 3 The City may call for additional test plates as the work progresses and may demand the removal of any welder from the work under the contract ' whose work on the pipe is not satisfactory, regardless of the quality of the test welds. The Contractor shall furnish all materials and bear all expense of qualifying welders. ' 4. The sequence of welding and all welding procedures shall be subject to approval by the City. SP -33 0 0 3 -7 Installation of Polyvinyl Chloride PVC) Plastic Pressure Pipe The installation of PVC pipe shall conform to Section 207 -21.6 of the Standard Special Provisions. 3 -8 Testing and Disinfection Water Mains 3 -8.1 Water Mains Water mains shall be pressure tested and disinfected in accord with Section 306- 1.4.5 and Section 306 -1.4.7 of the Standard Special Provisions. 3 -8.2 Test Pressure The test pressure for this project as measured at the lowest elevation along the pipeline shall be 225 psi. 3 -9 Painting and Coating 3 -9.1 General All painting shall conform to Section 310 of the Standard Specifications except as modified herein. 3 -9.2 Surfaces Not to be Painted 1. Copper, brass, bronze, stainless steel, chrome plated metal. 2. Work indicated or directed to be left unfinished. 3.9.3 Surface Preparation 1. Shop- Coated Metal: Thoroughly degrease and clean of foreign matter. Clean and spot paint field connections, welds, solder joints, burned or abraded portions with same material used in shop coats. Prime surfaces with primer listed herein. 2. Uncoated Ferrous Metal: Thoroughly degrease and clean of dirt, rust, mill scale, foreign matter, using rotary brushes, solvent or sand blasting as necessary. Remove pits and welding slag, and clean to bright metal before priming. Apply primer within three hours after preparation. SP -34 1 • • 3. Exterior Concrete Surfaces: ' All surfaces to be cleaned shall be wire brushed or sandblasted and cleaned with an approved solvent to remove dust, dirt and oil. 4. Surfaces Not Mentioned: Prepare in accordance with paint manufacturer's recommendations, and as approved by the City. 3.9.4 Application 1. Examination of Surfaces: Examine surfaces to be finished under this section and see that work of other trades has been left or installed in satisfactory condition to receive ' paint or specified finishes. Before starting work notify, in writing, the City of any surfaces unsatisfactory for proper paint finish. Application of first coat of any finishing process constitutes acceptance of surface as it ' pertains to guarantee. This requirement does not relieve Contractor of responsibility for proper preparation of surfaces. 2. Workmanship: Unless otherwise specified, apply materials in accord with manufacturer's instructions by brush, roller, or spray. If sprayed, obtain approval from the ' City before commencing work. Apply each coat at proper consistency, and free of brush or roller marks, sags, runs or any other evidence of poor workmanship. Avoid lapping paint on concrete, hardware and other ' surfaces not to be painted; apply masking as required. Maintain barricades and wet paint signs for duration of need. Provide and transfer scaffolds, staging and planking necessary for proper performance of this work. ' 3. Job Conditions: ' Apply paint to clean, dry, prepared surfaces only. Do not apply exterior paint during rainy, damp, foggy or excessively windy weather. Arrange for temporary heat required for interior painting. 4. Protection of Work: ' During painting operations, protect, as required, painting work and property of others from any damage. In all cases, exercise care to prevent ' paint materials being spilled or spattered onto surfaces which are not to be painted. SP -35 I L 1 11 Fire Prevention: Take all necessary precautions to prevent fire. At end of each day's work remove oily rags, scrapings and other waste items soiled with paint from premises, or store in metal containers with tightly fitting metal covers. 6. Cleaning and Touchup Work: Make detailed inspection of paint finishes after painting work is completed, carefully remove spatterings of paint material from adjoining work particularly plumbing fixtures, trim, and finish metal surfaces), and make good any damage thereto that may be caused by such cleaning operations. Carefully touch up any abraded, stained or otherwise disfigured painting work, as approved, and leave entire painting work in first -class condition. 3 -10 Abandonment of Existing Facilities The existing 24 -inch water main in West Coast Highway abandoned in place per Section 306 -5 of the Standard Specifications. At the locations shown on the plans, contractor shall brick and mortar the pipe ends of the abandoned 24 -inch water main. The entire 24 -inch abandoned water main shall be filled completely with one sack cement slurry. The slurry shall be installed wet enough to insure that it does not bridge but rather fills the pipeline entirely. 3 -11 Grinding and Cold Planning of AC Removals: Existing AC pavement shall be sawcut a minimum of two (2) inches deep prior to removal. Final removal at the sawcut lines using equipment such as hard -blow pavement breakers and/or stompers shall be approved by the CNB. ' The Contractor shall remove all unstable subgrade. The locations and depth of unstable subgrade removal may vary as shown on the plans; hence, the areas and depth shall be determined during construction by the ' CNB. Pavement and unsalvageable materials that are removed shall become the property of the Contractor and shall be disposed of at the ' Contractor's expense. 2. Cold Plan Existing Pavement: The Contractor shall cold plane the limits shown on the construction plans. The surface of the pavement after planing shall be uniformly rough ' grooved or ridged. The grade shall not deviate from a suitable straight edge by more than 3/4 -inch at any point. ' SP -36 I 1 1l • The planer machine shall be specially designed and built to perform cold planing of bituminous or portland cement concrete pavement. The cutting drum shall be a minimum 60 inches wide with carbide tip cutting teeth placed in variable lacing pattern to produce various finishes. The machine shall be capable of operation at speeds of from 0 to 40 FPM. It shall be self - propelled and have a water spray at the cutting drum to minimize dust. The machine shall be capable of removing the material next to the gutter of the pavement being resurfaced and so designed that the operator thereof can at all times observe the planing operation without leaving the controls. The cutting drum shall be adjustable as to slope and depth and shall deep cut in one pass a maximum of 2 inches without producing fumes, smoke or dust. The planing machine shall have previously performed satisfactorily on similar work. The Contractor shall provide equipment) tools, a smaller machine to trim ' areas inaccessible to the larger machine along utility covers. The smaller machine shall be equipped with a 12 -inch wide cutting drum. During the cold plane operation, the Contractor shall sweep the street with mechanical equipment and remove all loosened material from planed ' areas. All loosened materials shall be disposed of by the Contractor at an approved disposal site. The Contractor shall abate dust nuisance by cleaning, sweeping, sprinkling with water, or other means as necessary. ' The work shall be done in accordance with Section 302 -5 and 400 -4 of the Standard Specifications, except as modified and supplemented below: ' SP -37 Pavement and unsalvageable materials that are removed shall become the ' property of the Contractor and shall be disposed of at the Contractor's expense. The Contractor shall be responsible for the protection of public and private improvements adjacent to the work. If, during construction, damage occurs ' to adjacent landscape, driveways, curb and gutters or parkways the Contractor shall be responsible for restoring same to its condition prior to construction. 3. Asphalt Concrete: Prior to placing the AC overlay, a tack coat of Type SS- lh asphaltic emulsion at a rate not to exceed one tenth (1110) of a gallon per square yard shall be uniformly applied to existing AC, and to portland cement concrete edges against which asphalt concrete is to be placed. The ' surface shall be free of all loose material or dust when the tack coat is applied. ' The work shall be done in accordance with Section 302 -5 and 400 -4 of the Standard Specifications, except as modified and supplemented below: ' SP -37 1 • 1 a. The surface shall be free of all dirt, debris, water, and vegetation 1 prior to overlay. b. The asphalt concrete base course reconstruction shall be with Type 1 Ill -B - AR4000. 1 C. The subgrade shall be compacted to a minimum of 95% prior to constructing the asphalt concrete base course. 1 d. The asphalt concrete finish course shall be I11 -C3 -AR -4000. The Contractor shall feather a minimum of five (5) feet when joining existing pavement. In addition, longitudinal joints for the finished 1 course (where applicable) shall correspond with the edges of proposed traffic lanes. No longitudinal joints will be allowed in the wheel path. 1 3 -12 Removal of A.C. Pipe and Fittings 1 The Contractor is required to remove asbestos cement pipes during the prosecution of his work. Removal of existing asbestos material shall be performed by a Contractor registered by CAL /OSHA and certified by the State 1 Contractor's Licensing Board for asbestos removal. Copies of the certification shall be submitted to the City prior to the commencement of any asbestos removal 1 activities. The Contractor shall comply with all State and Federal laws regarding handling all removal of asbestos materials. 1 The Contractor shall be responsible for the proper removal and disposal of all asbestos materials. The Contractor shall handle the A.C. pipe in strict conformance with all applicable CAL /OSHA, E.P.A. and governing health agency 1 requirements. 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BOX 1768, NEWPORT BEACH, CA 92658 -8915 December 15,1997 Trautwein Construction 14046 Santa Ana Avenue Fontana, CA 92337 (714) 644 -3005 Subject: Contract No. 3150 - 24 -inch Water Transmission Main Replacement in West Coast Highway at Newport Boulevard On October 27, 1997, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. The Notice of Completion was recorded by the Orange County Recorder on November 10, 1997, Reference No. 19970570728. The Surety for the contract is First National Insurance Company of America, and the bond number is 5800588. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:lvi cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUESTEL) BY AND Recorded in the county f orange, California WHEN RECORDED RETURN TO: Gary L. Granville, Clerk /Recorder lllllllllllllllllllllllllllllllllllllllll1111111111111111111111� No Fee 19970570726 09;22am 11/10/97 City Clerk 005 14012214 14 23 City of Newport Beach N12 1 6.00 0.00 0.00 0.00 0.00 0.00 3300 Newport Boulevard Newport Beach, CA "Exempt from recording fees pursuant to Government. Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beac? ., California, 92663, as Owner, and Trautwein Construction as Contractor, entered into a Contract on August 11, 1997 Said Contract set forth certain improvements, as follows: 24 -inch Water Transmission Main Replacement in West Coast Highway at Newport Boulevard - Contract No. 3150 Work on said Contract was completed cn September 15, 1997 and was found to be acceptable on October 27, 1997 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is First National Insurance Company of America �s^"'1 —4 M euDilc WorKS uirecuor City of Ne",mort Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on Newport Beach, California. BY City Clerk i� Pte,.. .._..nn.... FORN.r: Ir at LJ 0 i T 2 7 111-.7 s 1.0NLU .. TO: Mayor and Members of the City Council FROM: Public Works Department Lj October 27, 1997 CITY COUNCIL AGENDA ITEM NO. 3 SUBJECT: COMPLETION AND ACCEPTANCE OF 24 -INCH WATER TRANSMISSION MAIN REPLACEMENT IN WEST COAST HIGHWAY AT NEWPORT BOULEVARD, CONTRACT NO. 3150 RECOMMENDATIONS: 1. Accept the work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the "Payment Bond" 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 3. Authorize the City Clerk to release the "Performance Bond" 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: On August 11, 1997, the City Council authorized the contract award of the 24 -Inch Water Transmission Main Replacement in West Coast Highway at Newport Boulevard to Trautwein Construction, of Fontana, California. The contract provided for the installation of 195 feet of 24 -inch water transmission main, and 50 feet of 12 -inch polyvinyl chloride (PVC) pipe, including all the necessary appurtenances. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $93,000.00 Total amount of final change orders. 9,195.63 Total Paid to Contractor $102,195.63 The final construction cost, included one change order which was for concrete removal, potholing and replacement of a 12 -inch collar. This cost was 9.89% more than the original bid amount. SUBJECT: COMPLETIOND ACCEPTANCE OF 24 -INCH WATER TF*MISSION MAIN REPLACEMENT IN WEST COAST HIGHWAY, CONTRACT NO. 3150. October 27, 1997 Page 2 The contract specified completion of all work within 30 calendar days from the date of award. Based upon the August 11, 1997 award date, the completion date was September 15, 1997. The pipe line work was completed by the scheduled completion date. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director go I J. Sinacori, P.E. Engineer is 0 \1dp\sys\ groups\ pubworks \98- counc \oct- 27\24wchnoc.doc • I i i i • 0 August 11, 1997 CITY COUNCIL AGENDA ITEM NO. 8 TO: Mayor & Members of the City Council FROM: Public Works Department SUBJECT: AWARD OF CONTRACT (CONTRACT NO. 3150) 24 -INCH WATER TRANSMISSION MAIN REPLACEMENT IN WEST COAST HIGHWAY AT NEWPORT BOULEVARD RECOMMENDATIONS: 1. Approve the Plans and Specifications. r 2. Award Contract No. 3150 to Trautwein Construction of Fontana in the amount of $93,000 and authorize the Mayor and the City Clerk to execute the contract on behalf of the City. PROJECT DESCRIPTION: In preparation for relocating other utilities for the Arches Interchange Project, additional potholes were dug to more precisely determine the locations of the many pipes in Coast Highway. During this process it was determined that a 1926 vintage city water line would be impacted by the new Coast Highway Bridge center support column. The work to be performed under this contract includes the abandonment of an existing 24 -inch water transmission main, construction of a new 24 -inch cement mortar lined and coated steel pipe with City furnished pipe and connections within West Coast Highway and adjacent to Newport Boulevard. The work also includes construction of a 12 -inch polyvinylchloride (PVC) water main and appurtenances along West Coast Highway. Attached is a sketch showing the work area. DISCUSSION: At 2:00 p.m. on July 30, 1997, the City Clerk opened and read bids for the Water Transmission Main Project. A summary of the results is listed below and a more detailed itemized bid summary is attached as Exhibit "A ": Rank Contractor /Bidder Total Bid Price low Trautwein Construction $ 93,000 2 Calfon Construction $ 118,505 3 Murray Company $ 124,850 4 Vido Artukovich & Son Inc./Vidmar Inc., a J.V. $ 137,268 Four (4) bids were received. The lowest responsible bid was $93,000 and was 22% below the Engineer's Estimate of $ 120,000. THE LOW BIDDER: The low bidder, Trautwein Construction of Fontana, California, is a qualified general contractor licensed to do business in California. This company has successfully • Page 2 24 -inch Water Transmission Main Replacement Award of Contract (3150) August 11, 1997 completed similar large diameter pipeline construction projects for other public water agencies and municipalities in Southern California. This firm has a good reputation in the contracting industry and has a significant amount of experience with similar pipeline construction projects, including their current project for the City, the 30 -Inch Water Main Replacement on East Coast Highway. The insurance policies and bidders bond submitted by the contractor meet the City's requirements. Staff believes that the contractor will be able to complete the proposed work satisfactorily. PROJECT CONSTRUCTION MANAGEMENT: The project construction will be performed under the supervision of the City's Utilities Division staff acting as the construction manager. Specialty inspection for the welding of the steel pipe may also be required. PROJECT COSTS & SCHEDULE: The contractor's bid price for the project totaled $93,000. This price is below the engineer's cost estimate by approximately $27,000. This is primarily due to the Contractor already doing identical work in the City, which reduces mobilization costs. The contract's time of completion for the project is thirty consecutive calendar days. The City's project schedule proposes that the contractor's work be completed by the end of September, 1997. This is compatible with the schedule for Arches Interchange Project. CONCLUSION: Award of the contract at this time will allow the contractor to complete the work prior to the start of work for the Arches Interchange project. Staff believes the contractor can complete the project satisfactorily and recommends award of the contract to the successful bidder, Trautwein Construction of Fontana, California. The funds needed for completing this project are available in the Water Enterprise Fund under the Capital Project Account No. 7501- C5500074 for the Water Main Master Plan Replacement Program. ReReqpectful�bmitted, `PUBLIC WORKS DEPARTMENT Don Webb, Dir�r�C��^'�'� By: Mic ael J. Sinacori, P.E. Utilities Engineer MJS:tam Attachments: Exhibit "A ": ... 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L O W: I O I- zl O O N U i J . x D - 2� O � tn0 � W O � Np MI� t V � p N �I C_ f I� U Q p c p rl < w 5 r i 3' Z < -I N N:a W W J � 00 uU m_ 0 Y H w a 0 0 0 0 0 0 0 0000 Z r o m o 0 0 0 0 0 0 0 0 0 O o r 0000000. -o w J p O M O O N O O �n 2� NO tn0 � W � Np Np � p N I� U Q p p p p m_ 0 Y p 0 0 0 0 0 0 0 0 0 0 0 K O m 0 0 0 0 0 0 0 0 0 ¢ r O b 0 0 0 0 0 O O O = j� O p p M P N N Vf r Of P p p 0 0 0 0 0 0 0 0 0 0 0 r O 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O Z D 0 O ° m 0 Vf 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N Q O �y 0 0 0 0 0 0 0 0 0 00 K 0 0 0 0 0 0 0 0 0 0 0 x 0 0 0 0 0 0 0 0 0 0 0 O M N 0 0 0 0 0 0 0 0 Q tD '^ '^ O ? m of O m ? p p p p p p p p p U 0 0 0 0 0 0 0 0 0 0 0 Z r 0 0 0 0 0 0 0 N 0 0 0 0 0 O O Z O vi 0 0 0 0 0 0 M Z O N O O O M O O O N N N 00 C5 of , 0 6 0 0 O n O n W O D v w w w w w w w m � Q p p p K � M Z O 0 0 0 0 0 0 0 0 0 0 0 U 0 0 0 0 0 0 0 0 0 0 0 Z~ 0 w- 0 0 0 0 1 0 0 o Z � N- 0 0 1 t O 1 O n of Z J O p p t0 t0 vl W N Vl N ¢ U p p 0 0 0 0 0 0 0 0 0 0 0 i r 0 0 0 0 0 0 0 0 0 0 0 0 o Z 0 0 0 0 0 0 0 0 0 0 0 0 �D 0 o_0 0 0 00 0 0 0 0 00 0 0 0 0 000 0 0 00 O U) Ol O VI 06 M P n N N Vl < p m p p p p p p p w z ¢ p p m O p U 0 0 0 0 0 0 0 0 0 0 0 3 0 0 0 0 0 0 0 0 0 0 0 5- r d d d d 6 d o o d 0 0 < Z O O N O N o o 0 o 0 o 0 0 0 0 0 0 0 o 0 o O r =)O p p J p p p p p p p p p r o o o 0 o o 0 0 o o 0 0 0 0 0 0 0 0 0 0 0 0 00 �z00000000000 0 E0 00 0 0 0 00 0 0 00 0 0 0 N Q p N p O p p O N w p w p p p p p p 0 0 0 0 0 0 0 0 0 0 0 w 0 0 0 0 0 0 0 0 0 0 0 X 0 0 0 0 0 0 0 0 0 0 0 C Z 00"0000 O O 0 0 W w wC� 00 Ci q 00 C� R W p m p p p p p p p J J J J J J J J J J J H r Z n N o n o mu wv3i c c u OaNOCmi <LL a° u O v V°b V N F d l7 W w N 0 S v Ud Gd o o N a= E u v 0 0 �; H N U N = N 6 It % C 6 Q W N m P N N I� tD Ot O r • f NOTICE INVITING BIDS Sealed Bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Post Office Box 1768, Newport Beach, California 92658 -8915 until 11:15 a.m. on the 18t1h day of Lug , 1997, at which time no more will be accepted for: 24 -INCH WATER TRANSMISSION MAIN REPLACEMENT IN WEST COAST HIGHWAY AT NEWPORT BLVD. PIPE PROCUREMENT Title of Project C -3150 Contract No. Approved by the Public Works Department this 10th day of July, 1997 Prospective bidders may obtain one set of contract documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, Post Office Box 1768, Newport Beach, California 92658 -8915 For further information, call Michael J. Sinacori at (714) 644 -3342. Project Manager 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT E 24 -INCH WATER TRANSMISSION MAIN REPLACEMENT IN WEST COAST HIGHWAY AT NEWPORT BOULEVARD CONTRACT NO. C -3150 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and shall perform all work required to complete Contract No. C -3110 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: NOTE: All applicable sales taxes, State and /or Federal, and any other special taxes, patent rights or royalties shall be included in the prices quoted in this proposal. SCHEDULE OF WORK ITEMS ITEM APPROXIMATE NO. QUANTITY DESCRIPTION UNIT TOTAL PRICE AMOUNT 1. Lump Sum Mobilization, demobilization and cleanup for the lump sum price of Eight Thousand Dollars and No Cents Lump Sum PI -a L.S. $ 8,000.00 Ll SCHEDULE OF WORK ITEMS 0 ITEM APPROXIMATE NO. QUANTITY UNIT TOTAL DESCRIPTION PRICE AMOUNT 2. 195 L.F.* Install City furnished 24 -inch CML &C steel pipe complete in place for the unit price of Two Hundred Dollars and No Cents $ 200.00 $39,000.00 Linear Foot 3. 50 L.F. Furnish and install 12 -inch polyvinyl chloride (PVC) pipe, Class 200 including 12" Butterfly valve complete in place for unit price of Two Hundred Dollars and No Cents $ 200.00 $10,000.00 Linear Foot 4. Lump Sum Install connection to existing 24 -inch CML &C steel pipe complete in place for the lump sum price of Five Thousand Dollars and No Cents L.S. Lump Sum $5.000.00 *24 -inch CML &C steel pipe has been purchased by the City of Newport Beach. Pl -b SCHEDULE OF WORK ITEMS ITEM APPROXIMATE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 5. Lump Sum Install connections to existing 12 -inch ACP in West Coast Highway complete in place for the unit price of Eight Thousand Dollars and No Cents L.S. $8,000.00 Per Each 6. Lump Sum Pressure test, disinfect and flush new 24 -inch water main and 12 -inch water main complete in place for the lump sum price of Three Thousand Dollars and No Cents L.S. $3.000.00 Lump Sum 7. Lump Sum Provide traffic control for the project for the lump sum price of Four Thousand Dollars and No Cents L.S. $4.000.00 Lump Sum Pl -c 9 9 SCHEDULE OF WORK ITEMS ITEM APPROXIMATE NO. QUANTITY DESCRIPTION UNIT TOTAL PRICE AMOUNT 8. Lump Sum Excavation safety measures including adequate sheeting, shoring and bracing or equivalent methods for the protection of the life and limb which shall comply with applicable safety orders for the lump sum price of Seven Thousand Dollars and No Cents L.S. $7.000.00 Lump Sum 9. Lump Sum Remove and replace existing curb, gutter and sidewalk complete in place for the lump sum price of Two Thousand Dollars and No Cents L.S. $2,000.00 Lump Sum 10. Lump Sum Protect in place or replace in kind existing landscaping complete in place for the lump sum price of Two Thousand Dollars and No Cents L.S. $2,000.00 Lump Sum P1 -d 0 SCHEDULE OF WORK ITEMS 0 ITEM APPROXIMATE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 11. Lump Sum Abandon in place or remove if interfering, the existing 24 -inch water main and fill with one sack cement s slurry complete in place for the lump sum price of Five Thousand Dollars and No Cents L.S. Lump Sum TOTAL PRICE IN WRITTEN WORDS (Bid Items 1 -11) $ 5,000.00 Ninety- -Three Thousand Dollars and No Cents Total Price $ 93,000.00 I declare under penalty of perjury that all representation made above are true and correct.* *Effective January 1, 1990, Business and Professional Code Section 702.8.15 provides that any bid not containing the above requested information, or a bid containing information which is subsequently proven false, shall be considered non - responsive and shall be rejected. Bidder's Name TRAUTWEIN CONSTRUCTION Bidder's Address 14046 SANTA ANA AVENU FONTANA, CA 92337 Bidder's Telephone & Fax Numbers (909) 829 -8258 / 909) 829 -8278 FAX Contractor's License No. & Classification 605199 A 10/31/97 7/30/97 Date PI-e Expiration Date S/ MARK TRAUTWEIN Authorized Signature & Title Page 2 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: PROPOSAL (Page 1) INSTRUCTIONS TO BIDDERS (Page 2) DESIGNATION OF SUBCONTRACTORS (Page 3) BIDDER'S BOND (Page 4) NON - COLLUSION AFFIDAVIT (Page 5) TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6) except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The estimated quantities indicated in the PROPOSAL are approximate and are given solely to allow the comparison of total bid prices. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 5/91 E 0 Page 2A In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 605199 A Contractor's License No. & Classification TRAUTWEIN CONSTRUCTION Bidder 7/30/97 Date 5/97 S /MARK TRAUTWEIN Authorized Signature/Title Page 3 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with state law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to endure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with state law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work 1. 2. 3. 4. 5. 6. 7. S. 9. 10. TRAUTWEIN CONSTRUCTION Bidder 5/97 Subcontractor Address S/MARK TRAUTWEIN Authorized Signature/Title Page 4 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF THE AMT. BID dollars ($ 10% OF BID), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of the 24 -INCH WATER TRANSMISSION MAIN REPLACEMENT IN WEST COAST HIGHWAY AT NEWPORT BOULEVARD, CONTRACT NO. C -3150 project in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents for the construction of the project in the form required within ten (10) days (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of Award; otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 30TH day of JULY, 1997, TRAUTWEIN CONSTRUCTION FIRST NATIONAL INSURANCE CO. OF AMERICA Principal Surety SIMARK TRAUTWEIN Authorized Signature MARK TRAUTWEIN, OWNER Print Name & Title 5/97 SIMICHAEL D. STRONG Authorized Signature MICHAEL D. STRONG, ATTORNEY -IN -FACT Print Name & Title Signature of Attorney in -fact (Notary acknowledgment of Principal & Surety must be attached) • State of California NON - COLLUSION AFFIDAVIT ss. County of SAN BERNARDINO Page 5 MARK TRAUTWEIN, being first duly sworn, deposes and says that he or she is OWNER of TRAUTWEIN CONSTRUCTION, the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. TRAUTWEIN CONSTRUCTION S/MARK TRAUTWEIN Bidder Authorized Signature/Title Subscribed and sworn to before me this 30 day of JULY, 1997. [SEAL] S /BRIAN ESHLEMAN Notary Public My Commission Expires: 3/5/99 5/9] 0 Page 6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he /she has performed and successfully completed. Year For Whom Person Completed Performed (Detail) To Contact Telephone Number 97 City of Montclair Don Gdula 909 - 625 -9442 97 San Bernardino Water James Dye 909 - 384 -5391 96 Rubidoux Comm. Serv. Dist. Steve Appel 909 - 684 -7580 RN of Fontana Bucknell 909 - 350 -7610 96 Santa Ana Watershed Project Authority - richard Smith 909 - 785 -5411 TRAUTWEIN CONSTRUCTION Bidder 5/9] S/MARK TRAUTWEIN Authorized Signature(fitle 0 0 Page 7 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and federal holidays) after the date of mailing Notice of Award to the successful bidder: LABOR AND MATERIALS PAYMENT BOND (Page 8) FAITHFUL PERFORMANCE BOND (Page 9) CERTIFICATE OF INSURANCE (Page 10) GENERAL LIABILITY INSURANCE ENDORSEMENT (Page 11) AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT (Page 12) CONTRACT (Page 13) The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. 5197 0 0 EXECUTED IN FOUR COUNTERPARTS Page 8 BOND NO. 5800588 PREMIUM INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted August 11, 1997 has awarded to TRAUTWEIN CONSTRUCTION hereinafter designated as the "Principal," a contract for the 24 -INCH WATER TRANSMISSION MAIN REPLACEMENT IN WEST COAST HIGHWAY AT NEWPORT BOULEVARD, CONTRACT NO. C -3150 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. C -3150 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, we the undersigned Principal, and, FIRST NATIONAL INSURANCE COMPANY OF AMERICA duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of NINETY - THREE THOUSAND AND N01100 - - - - - - - - - - - Dollars ($93,000.00 ), lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 5/97 STATE OF _ COUNTY OF CALIFORNIA RIVERSIDE I SS. V p n ROSEMARY STANDLEY On q . = L6 before me, _ — PERSONALLY MICHAEL D. STONG personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowl- edged to me that he /she /they executed the same in his/ her /their authorized capacity(ies), and that by his /her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature OPTIONAL ILEY �!JE COUNTY My Cann. Expires June 7, 20oo This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITUE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EWITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE RaosR Re,. 6/94 ALL- PURPOSE ACKNOWLEDGEMENT 0 0 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 20thday of AUGUST , 1997. TRAUTWEIN CONSTRUCTION Name of Contractor (Principal) Authorized ature MgIY -regU--r-WErkl , oul�lEe Print Name & Title FIRST NATIONAL INSURANCE COMPANY OF AMERICA Z Name of Surety Authorize Ag n "Signature MICHAEL D. STONG, ATTORNEY -IN -FACT Print Name & Title 4 HUTTON CENTRE, SUITE 250 -B, SANTA ANA, CA 92707 (7I4) 437 -3044 Address of Surety Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 5/97 0 EXECUTED IN FOUR COUNTERPARTS 0 Page 9 BOND NO. 5800588 PREMIUM: $2,325.00 FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted August 11, 1997 has awarded to TRAUTWEIN CONSTRUCTION hereinafter designated as the "Principal ", a contract for 24-INCH WATER TRANSMISSION MAIN REPLACEMENT IN WEST COAST HIGHWAY AT NEWPORT BOULEVARD, CONTRACT NO. C -3150 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. C -3150 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of NINETY -THREE THOUSAND AND N01100 - - - - - - -- -- - - - - Dollars ($ 93,000.00 - -), lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. 5/97 STATE OF CALIFORNIA COUNTY OF _ RIVERSIDE I SS. On •O 4 wI/� ] , before me, ROSEMARY STANDLEY PERSONALLY APPEARED MICHAEL D. STONG personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowl- edged to me that he /she /they executed the same in his/ her /their authorized capacity(ies), and that by his /her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signatur :IJU iii` OPTIONAL E / `r,'/ Iiki%I PLEY My CO.= GPrez Jvna 1. M This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) TI .E(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ErmI (IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID -081 Rev.6 /94 ALL - PURPOSE ACKNOWLEDGEMENT Page 9A Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for six (6) months following the date of formal acceptance of the Project by the City. In the event that the Principal executed this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 20th day of AUGUST , 1997. TRAUTWEIN CONSTRUCTION Name of Contractor (Principal) FIRST NATIONAL INSURANCE COMPANY OF AMERICA Name of Surety ' 1; �')'o tl - Z4� � L Authorized SW4fure Print Name & Title r. Authorized Agent`Spnature V MICHAEL D. STONG, ATTORNEY -IN -FACT Print Name & Title 4 HUTTON CENTRE, STE 250 -B, SANTA ANA, CA 92707 (714) 437 -3044 Address of Surety Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 5197 0 10 POWER OF FIRST NATIONAL INSURANCE COMPANY OF AMERICA ATTORNEY 4333 BROOKLYN AVE NE SEATTLE. WASHINGTON 98105 4333 Biooklyn Avcnm N.E. SeatUq W A 9s 105 No. 6966 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint -9 ........... 4— ....... 0 ..... MICHAEL D. STONG; Riverside, Cal lfornlaNY....ON- ........ M........ its true and lawful attorneys) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at ITS home Office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 7th day of February . 19 96 CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President. the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations. shall each have authority to appoint individuals as attorneys-in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business . On arty instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided. however, that the seal shall not be necessary to the validity of any such instrument or undertaking," Extract from a Resolution Of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970 "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V. Section 13 of the By -Laws. and (ii) A copy of the power -of- attorney appointment, executed pursuant thereto. and (iii) Certifying that said power - of - attorney appointment is in full force and effect, The signature of the certifying officer may be by facsimile, and the seal Of the Company may be a facsimile thereof." I, R. A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing exiracls of The By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws. the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set rry, hand and affixed the facsimile seal of said corporation this i7 t.J I!'� day of � ,� ?/ ✓,y 19 1 i S- 1049 /EP 11/95 ERTIFI0A OF INSUkmC II/ 5/97 PRODUCER COMPANIES AFFORDING COVERAGE SCHRIMMER INSURANCE AGENCY, INC. COMPANY A SCOTTSDALE INSURANCE P.O. BOX 788 LETTER LA HABRA, CA 90633 COMPANY B TRANSPORTATION INSURANCE COMPANY LETTER LET-MR INSURED COMPANY C CHUBB GROUP OF INSURANCE MARK TRAUTWEIN LETTER COMPANY D DBA: TRAUTWEIN CONSTRUCTION 14046 SANTA ANA AVENUE — COMPANY FONTANA, CA 92337 LETTER CQVERAGES '' ; THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES AND IS NOT AMENDED, EXTENDED OR ALTERED BY THIS CERTIFICATE. Co TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE ALL LIMITS IN THOUSANDS w A GENERAL LIABILITY ( OCCURENCE BASIS ONLY) GENERAL AGGREGATE $2,000, COMMERCIAL CLS277861 1/22/97 1/22/98 COMPREHENSIVE PRODUCTS /COMPLETED OPERATIONS AGGREGATE $1,000, OWNERS B CONTRACTORS PERSONAL INJURY $1,000, PROTECTIVE CONTRACTUAL FOR SPECIFIC CONTRACT $1,000, PRODUCTS /COMPLETED OPERATION EACH OCCURENCE X XCU HAZARDS FIRE DAMAGE BROAD FORM PROPERTY DAMAGE SEVERABILITY OF INTEREST CLAUSE (ANYONE FIRE) (ANYONE FIRE) X P. I. WITH EMPLOYEE EXCLUSION 'SQ, MEDICAL EXPENSES $ k' REMOVED MARINE (ANY ONE PERSON) BILITY AUTOMOBILE LIABILITY COMBINED $1 QQO SINGLE LIMIT > , B BODILY INJURY $ X ANY AUTO 07825093 12/1/96 12/1/97 X ALL OWNED AUTOS (PER PERSON) BODILY INJURY $ X SCHEDULED AUTOS ' X HIRED AUTOS (PER ACCIDENT) 6 NON -OWNED AUTOS � PROPERTY $ GARAGE LIABILITY DAMAGE C EXCESS LIABILITY 7975 -74 -90 12/1/96 12/1/97 EACH OCCURENCE AGGREGATE UMBRELLA FORM - $ 1,000, S 1,000, OTHER THAN UMBRELLA FORM STATUTORY B WORKERS'C08MPENSATION 1 36936876 12/1/96 12/1/97 $1 000 EACH ACCIDENT EMPLOYERS' LIABILITY $1,000, DISEASE - POLICY LIMIT $ 1,000, DISEASE -EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /RESTRICTIONS /SPECIAL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH, BUT NOT LIMITED TO THE FOLLOWING CONTRACT: 24" Water Transmission Main Replacement in West Coast Highway at Newport Boulevard C -3150 PROJECT TITLE AND CONTRACT NUMBER CERTTFICATTiHOLDER `rl. CITY OF NEWPORT BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON - RENEWED, CANCELLED OR COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE COMPANY AFFORDING P.O. BOX 1768 COVERAGE SHALL PROVIDE 30 DAYS MINIMUM ADVANCE NOTICE TO THE CITY OF 3300 NEWPORT BOULEVARD NEWPORT BEACH BY FIRST CLASS MAIL.- NEWPORT BEACH, CALIFORNIA 92658 -8915 s�/r II/25/97 ..: 2 \ -�I ATTENTION: AUTHORIZED REPRESENTATIVE ISSUE DATE • GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: Page 11 1. With respect to such insurance as is afforded by the policy for General Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability arising out of operations performed by or on behalf of the named insureds in connection with the contract designated below or acts and omissions of the additional insureds in connection with its general supervision of such operations. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage. 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision contained in the written contract designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU" hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured(s) named in Paragraph 1 of this endorsement shall be the limits indicated below written on an "Occurrence" basis: ( ) Commercial ( ) Comprehensive General Liability $ 2,000,000 each occurrence $ 2,000,000 aggregate The applicable limit of Contractual Liability for the company affording coverage shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insured(s). 5/97 i Page 11A The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to General Liability Insurance. 6. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 24 -INCH WATER TRANSMISSION MAIN REPLACEMENT 7. Designated Contract: IN WEST COAST HIGHWAY AT NEWPORT BLVD., C -315 Project Title and Contract No. This endorsement is effective 8/25/97 at 12:01 a.m. and forms a part of Policy No. CLS5277861 of SCOTTSDALE INSURANCE (Company Affording Coverage). MARK TRAUTWEIN Insured: DBA: TRAUTWEIN CONSTRUCTION Endorsement No.: ISSUING COMPANY SCOTTSDALE INSURANCE By: Authorized Representative 5/97 0 Page 12 AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Automobile Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the Contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage." 3. The limits of liability under this endorsement for the additional insureds named in Paragraph 1 of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit: 5/9'1 ( ) Multiple limits Bodily Injury Liability Bodily Injury Liability Property Damage Liability ( ) Combined Single Limit Bodily Injury Liability & Property Damage Liability $ 1,000,000 per person $ 1,000,000 per accident $ 1,000,000 $ 1,000,000 The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one accident or occurrence in excess of the limits of liability stated in the policy as applicable to Automobile Liability Insurance. 0 Page 12A 4. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 24 -INCH WATER TRANSMISSION MAIN REPLACEMENT 5. Designated Contract: IN WEST COAST HIGHWAY AT NEWPORT BLVD., C -3150 Project Title and Contract No. This endorsement is effective 8/25/97 at 12:01 a.m. and forms a part of Policy No. 07825093 of TRANSPORTATION INSURANCE COMPANY (Company Affording Coverage). MARK TRAUTWEIN Insured: DBA: TRAUTWEIN CONSTRUCTION Endorsement No.: ISSUING COMPANY TRANSPORTATION INSURANCE COMPANY � c By: Authorized Representative 5/97 CONTRACT 0 Page 13 THIS AGREEMENT, entered into this 11 day of August, 1997, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and TRAUTWEIN CONSTRUCTION hereinafter "Contractor," is made with reference to the following facts: A WHEREAS, City has advertised for bids for the following described public work: 241NCH WATER TRANSMISSION MAIN REPLACEMENT IN WEST COAST HIGHWAY AT NEWPORT BLVD. ( "Proje Project Description Contract No. B. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Plans and Standard Special Provisions, Plans and Special Provisions for Contract No. C -3150, Standard Specifications for Public Works Construction (current edition) and all supplements and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 5/9] 0 0 Page 14 3. As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Nintythree Thousand Dollars ($ 93,0000 ). This compensation includes: (a) Any loss or damage arising from the nature of the work, (b) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (c) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 4. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. 5. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: 9 "1 City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA 92658 -8915 Attention: Michael J. Sinacori, P.E. CONTRACTOR: Trautwein Construction 14046 Santa Ana Avenue Fontana, CA 92337 Attention: Mark Trautwein 5/97 0 0 Page 15 6. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self- insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 7. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf, on forms provided by City. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. A MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0001 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. 2. Insurance Services Office Business Auto Coverage form number CA 0001 0187 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. 5/97 0 0 Page 16 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. B. MINIMUM LIMITS OF INSURANCE Coverage limits shall be no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. C. DEDUCTIBLES AND SELF - INSURED RETENTI Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages a. City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises 5/97 L Ej Page 17 owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. b. Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. d. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. e. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Agreement. 2. Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for City. 3. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. 5/97 Page 18 E. Acts of God: Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of five (5) percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. F. Right to Stop Work for Non - Compliance: City shall have the right to offer the Contractor to stop Work under this Agreement and /or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. 8. RESPONSIBILITY FOR DAMAGES OR INJURY A City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. B. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project. C. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify or defend City from the sole negligence or willful misconduct of City, its officers or employees. 5/97 Page 19 D. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. E. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Agreement. F. The rights and obligations set forth in this Article shall survive the termination of this Agreement 9. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Agreement and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 10. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 11. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 5/9] 0 0 Page 20 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: LaVonne Harkless City Clerk an APPROVED AS TO FORM: 1 6ein lauson Assistant City Attorney 5/97 CITY OF NEWPORT BEACH a Municipal Corporation JarYb6bay M yo Vf CONTRACTOR Traufwe'n Co fiction OVJAJM Title CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 August 21, 1997 Vido Artukovich & Son, Inc. 11155 Rush Street South El Monte, CA 91733 Gentlemen: (714) 6443005 Thank you for your courtesy in submitting a bid for the 24" Water Transmission Main Replacement project for the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach , • E CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 August 21,1997 Murray Co. 2919 East Victoria St. Rancho Dominguez, CA 90221 Gentlemen: (714) 6443005 Thank you for your courtesy in submitting a bid for the 24" Water Transmission Main Replacement project for the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach L] E CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 August 21, 1997 Calfon Construction, Inc. P.O. Box 7 Rialto, CA 92377 Gentlemen: (714) 644 -3005 Thank you for your courtesy in submitting a bid for the 24" Water Transmission Main Replacement project for the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach